Young v. Price

DISSENTING OPINION BY

MIZUHA, J., WITH WHOM LEWIS, J., JOINS.

I cannot concur with the court’s opinion that the plaintiff was guilty of contributory negligence as a matter of law. It assumes that there was an obvious obstruction on a sidewalk just ahead in plain sight.

There was a definite conflict in the evidence. Plaintiff testified that she had not seen the hose, saw no warning sign, or sign of any kind, at or near the place where she fell. However, she did see the hose after she fell on the sidewalk. She had walked down this public sidewalk daily for 4 y2 years prior to the day of the…