Colarossi v. Anderson Concrete Corp.

When the conduct of a party is once ascertained, the question whether it came up to the standard of reasonable care prescribed by the law ordinarily must be decided as a matter of fact. Only in clear eases can it be ruled on as a matter of law.

At the conclusion of plaintiff’s case, was there not presented a question of whether the defendant, under all the attending circumstances, exercised ordinary care toward the plaintiff ?

The driver of defendant’s truck, who was thoroughly familiar with the construction area in the project by having previously made other deliveries of concrete, testified,…