Archer v. City of Port Clinton

The question of law involved is whether, where the evidence is undisputed that a pedestrian (1) has *76present knowledge of a dangerous condition in the curb of a city street, (2) departs from a safe path along a driveway into the area beyond the driveway and near the curb where the danger lies unseen under fallen snow, and (3) takes no precaution to avoid it, such conduct of the pedestrian constitutes contributory negligence as a matter of law. The majority of the court is of the opinion that it does, and that Mrs. Archer’s negligence in this case directly contributed to the injuries of which…