Stephen A. Walsh, in No. 15639 v. Miehle-Goss-Dexter, Inc., in No. 15640 v. Edward Stern and Co., Inc

As I read the majority opinion it finds that the issue of plaintiff’s contributory negligence was for the jury for two reasons: (1) the evidence was necessarily susceptible of inconsistent inferences, and (2) plaintiff when injured intended to follow a customary practice which he had followed prior thereto. I would agree with the majority’s conclusion were we concerned solely with the principles governing contributory negligence which they discuss. But the fact is that one of defendant’s principal contentions is that plaintiff, as his own testimony shows, was guilty of conduct which under…