Porter v. . Niven

We do not think the evidence, when considered in the light most favorable to plaintiff, is sufficient to justify the submission of the question of defendant’s negligence to the jury. However, if the defend ant was negligent in the location of its churn, so as to cause it to occupy a portion of the passageway, the plaintiff offers no explanation for his not having seen the churn. ITis own evidence discloses that it was about 30 inches high and a foot and a half or two feet in diameter, and that he didn’t dodge the churn because he didn’t see it, and yet he testified “There was plenty of light…