Kline v. Keller

Crytzer, P. J.,

In this case plaintiff customer fell into defendant garageman’s tire ad-adjustment pit. The question at issue is: “Did the plaintiff in his pleadings show that he violated his duty to look where he was going and is therefore contributorily negligent as a matter of law?”

The original complaint in this case sets forth that plaintiff went into defendant’s garage at 9:30 a.m., on November 5, 1951. Paragraph 9 of the original complaint reads as follows:

“That the said Maurice E. Kline at the said time and place fell into the unprotected pit, struck his leg against the cement siding,…