Ahearn v. Roux

The defendant’s principal contention is that the plaintiff is guilty of contributory negligence as a matter of law even though the evidence is undisputed that she proceeded down the steps in a cautious manner. His position is stated as follows: “The plaintiff knew the slippery condition of the steps and railings and under like circumstances for ten years prior to the accident she had taken precaution of removing the snow and sanding the icy surfaces. Her conduct in failing to take available usual precautions was negligent. . . . The question is not that the defendant may not have been…