Wolfe v. Light

STRUTZ, Judge.

This is the second time that this case has come before this court. The opinion on the first appeal will be found in 156 N.W.2d 175 (N.D.1968). In that case, the plaintiff appealed from a summary judgment entered on motion of the defendant. This court, in a divided opinion, held that in cases involving issues of negligence, contributory negligence, assumption of risk, and proximate cause, where the standards of the reasonable man must be applied to conflicting testimony or, even where there is no dispute as to the facts, where inferences may be reasonably drawn from the evidence…