Gvora v. Carlson

The question presented on this appeal is: Should the trial court have granted a directed verdict on the ground that, as a matter of law, the plaintiff was as negligent, if not more negligent, than the defendant ? It is considered that the answer should be in the affirmative. On any view of the facts plaintiff’s negligence is as great if not greater than the defendant’s.

Plaintiff had knowledge of and reason to apprehend the danger to which he subjected himself. He was fully aware of the manner in which he and defendant were attempting to get the truck over the slippery rail. He knew the…