McColl v. Scherer

OPINION

By the Court,

Badt, C. J.:

In this appeal from a summary j udgment for defendants in which the plaintiffs sued for damages for personal injuries allegedly the result of defendants’ negligence, the main question presented is whether such factual determinations remained for the court or jury as to preclude a summary judgment. We have concluded that there was an undetermined factual question, thus requiring a reversal of the summary judgment. Other questions are also disposed of.

The complaint of Margaret Jean McColl (hereinafter referred to as the plaintiff, although her husband Jeff McColl…