Templeton v. . Kelley

"WiNBORNE, J.

Two questions arise for determination of this appeal:

I. When taken in the light most favorable to plaintiff, is there sufficient evidence of negligence on the part of defendants to require the submission to the jury of an issue with respect thereto?

2. Upon all the evidence, is the plaintiff guilty of contributory negligence as a matter of law ?

The first is answered in the affirmative, and the second in the negative.

1. In order to establish actionable negligence, “the plaintiff must show: First, that there has been a failure to exercise proper care in the performance of some legal…