Plas v. Holmes Construction Co.

The plaintiff has assigned numerous errors which he claims were prejudicial to him in the trial of this cause. The admission of certain evidence and instructions to the jury on assumption of risk and contributory negligence are the principal grounds of complaint. The contention is made that the plaintiff was a so-called “frequenter,” that the doctrine of assumption of risk cannot be applied in his action against an independent contractor, and that in such relationship the defense of contributory negligence is unavailable. Counsel go further and urge the application of the…