Cooke v. Gundlach Plumbing

By JUDGE WILLARD I. WALKER

The defendant's motion to set aside the verdict of the jury in this case is sustained and an appropriate order has been entered. The court’s reasoning in sustaining this motion is set forth below.

The defendant's motion to set aside the verdict of the jury was predicated upon three grounds. 1. That the defendant was free of any negligence as a matter of law; 2. that the plaintiff was guilty of contributory negligence as a matter of law; and 3. that the court’s instruction No. 7 was in error.

With respect to ground No. 1, the court finds absolutely no basis for a…