Hunt v. Tooele City

I dissent since I am convinced that plaintiff’s own testimony by which, of course, she is bound, established contributory negligence as a matter of law under the previous pronouncements of this court. Among other things she testified as follows :

“Q. Did these packages in any way obstruct your vision? A. No.

“Q. You were able to see as you walked? A. Yes.

“Q. Did you observe the sidewalk as you walked out to your car? A. Yes.

“Q. Did you look down to see where to put your foot? A. Yes.

“Q. Now, why didn’t you see the hole? A. I just failed to see it.

“Q. You fell down into the street, and then…