O'HARA v. Petrillo Bros., Inc.

HERRMANN, Justice.

The determinative question on this appeal, in the view we take of the case, is whether the trial court erred in directing a jury verdict in favor of the defendant and third-party defendants on the ground, inter alla, that under the plaintiffs evidence he was guilty of contributory negligence as a matter of law.

This negligence action was brought against the defendant Petrillo Bros., Inc. (hereinafter “Petrillo”) for injuries suffered by the minor Thomas O’Hara (herein referred to as the plaintiff, although the action is brought by his next friend as plaintiff) as the result…