Zebell v. Saufnauer

The majority opinion sounds in the proposition that the plaintiff knew or should have known that the drain spout was not permanently attached and that for this reason he followed an improper course of conduct by resting his weight upon it while in the process of painting it. In other words, without saying so in so many words, my colleagues on the bench appear to be saying that the plaintiff was guilty of contributory negligence. There is a great deal made of the fact that he knew that the defendant had not finished his part of the contract; that he knew that the drain spout had been moved…