Gatton v. F. J. Egner & Son, Inc.

This appeal complains of the trial court’s action in sustaining a motion, interposed by defendant at the conclusion of plaintiff’s statement of his cause of action, for dismissal of the petition for the reason that plaintiff’s petition and statement of his case does not state or constitute a cause of' action, and that the petition and statement disclose that plaintiff was guilty of negligence which contributed to and proximately caused the damage of which he complains.

Briefly, the pleaded facts and statement of what plaintiff proposed to prove are that on a dark and rainy fall night plaintiff…