Jones v. Michigan Racing Assoc.

Plaintiff testified : “I don’t remember seeing any tickets (betting-slips), not until after I got up.” The only other witness to the point, sworn for plaintiff, testified: “I did not see tickets on the floor before he (Jones) fell.”

*655On strength, of this testimony I hold that' plaintiff failed to prove that defendant was actionably neglh gent and that the issue of contributory negligence is consequently moot. See collection of cases cited in Konen v. Moose Lodge No. 288, 345 Mich 80. To paraphrase Whitehead v. Erle P. Halliburton, Inc., 190 Okla 120 (121 P2d 581), cited in Konen aforesaid: In…