Whitman's Fifth Ave. Garage Co. v. Ricks

This case went to the jury on the third count. Demurrer to this count was overruled, and that ruling is assigned for error. We think it a sufficient answer to the criticism visited upon this count to say that, while within the possible limits of the language employed it may be worked out that the negligence of defendant’s servants or agents in causing plain tiff to trip ovar the rope was not'the proximate cause of her fall upon the sidewalk, yet, reasonably construed — construed as the court and jury must have construed it, and as no doubt defendant construed it.when not in a too critical…