O'Meara v. Green Construction Co.

— I. This is a law case and only errors of law are presented. There is one point and only one urged by the appellant which goes to the merits of the controversy and requires an examination of the testimony, namely, the question of plaintiff’s freedom from contributory negligence. Ordinarily, the question of contributory negligence is for the jury. It is only when reasonable minds could come to but one conclusion from the facts and circumstances that the question becomes one of law for the court.

Appellant’s counsel have presented this question very force fully, contending that, in undertaking…