Temple Cotton Oil Co. v. Brown

The opinion of the majority states. ££We think the court erred in refusing to direct a verdict for appellant at its request for any one of two or three reasons: (1) That no actionable negligence is shown; and (2) that if so, appellee assumed the risk as a matter of law; and (3) that he suffered no substantial injury. ’ ’

I cannot agree with the majority on any one of these propositions, and I shall endeavor to give my reasons for disagreeing.

It is first stated that there is no actionable negligence shown, and if this were true, the decision of the court would be correct. But we have many times…