Tobin v. Van Orsdol

Mulroney, J.-

Much of defendants’ brief is devoted to an argument that plaintiff was guilty of contributory negligence as a matter of law. We shall state the facts in the light most favorable to plaintiff.

Plaintiff, Ollie Tobin, who is fifty-eight years old, was a packing house employee in Cedar Rapids. On July 29, 1948, he got off work about noon and walked to a barbershop located on the east side of Third Street and about one hundred feet south of Eighth Avenue. He stayed in the barbershop about fifteen minutes talking to friends and then walked directly across Third Street to a gasoline…