Jacobson v. Vestal

HYDE, Judge.

Action for $75,000.00 damages for loss of hand in a corn picker. The court sustained defendant’s motion for summary judgment, under Rule 74.04, V.A.M.R., based on plaintiff’s admissions in his deposition, which the court found “shows he was guilty of contributory negligence as a matter of law.” Plaintiff has appealed from the judgment entered.

Negligence alleged, on which plaintiff relied, was failing to warn plaintiff that the corn picker would frequently become clogged and that plaintiff should not attempt to remove the material causing the clog with his hand while the motor was…