The Independent Nail and Packing Co., Inc. v. Kenneth Mitchell

I agree with much of Judge HARTI-GAN’S opinion, and the result, but do not take quite the same road. As the Massachusetts court has pointed out, and presumably the law of Illinois is the same, there are cases where, as matter of law, any evidence of contributory negligence is just as strong as the evidence which would charge the defendant, so that the plaintiff is necessarily unable to recover. See Lajeunesse v. Tichon’s Fish and Fillet Corp., 1952, 328 Mass. 528, 530, 105 N.E.2d 245. If, as Judge HARTIGAN suggests, knowledge of the exposure to danger is the test, I would be unable to accept…