Graves v. Harrington

Defendants assign as error the refusal of the trial judge to grant defendants’ motion for judgment of involuntary nonsuit. Defendants contend that plaintiff’s evidence discloses that she was contributorily negligent as a matter of law. We do not agree.

Whether, under the circumstances as disclosed by the evidence, plaintiff, in the exercise of that degree of care which a reasonably prudent person would exercise for his own safety, could or should have seen the pipe was a question for jury determination under proper instructions from the Court. It was likewise for jury determination whether…