Gregorich v. Pepsi-Cola Metropolitan Bottling Co.

Dissenting Opinion by

Price, J.:

I dissent from the majority’s reversal of the non-suit judgment entered by the lower court at the close of the plaintiff’s case. The majority finds that the plaintiff had submitted sufficient evidence at trial to create a question as to defendant’s negligence and also that his case was free of evidence of contributory negligence by the plaintiff. I disagree on the basis that plaintiff demonstrated no evidence of negligence on the part of the defendant and that plaintiff’s evidence establishes that plaintiff was contributorily negligent as a matter of law.…