Huus v. Ringo

Miller, Dist. J.

(dissenting). The plaintiff is guilty of contributory negligence as a matter of law. The evidence touching upon his acts is undisputed. On October 5, 1946, at about 10:30 P.M., plaintiff and his wife went to visit Mr. and Mrs. Syverson who were then living in a rear apartment on the ground floor of the building in which the accident occurred. They entered the rear door and passed through the hall to the apartment, passing an open stairway, toilet room, and elevator shaft to their right on the north side of the building and across the hall from the apartment. The hall was then…