Piggly Wiggly, MacOn Inc. v. Kelsey

The plaintiff in error contends that the general demurrer should have been sustained because the petition allegedly showed on its face that the plaintiff’s own negligence was the proximate cause of the damages sued for. We agree that the general demurrer should have been sustained, but not for this reason. Except in clear and palpable cases, questions of negligence, contributory negligence, and proximate cause are questions for a jury. The'plaintiff in error contends that if the plaintiff exercised the caution alleged in ascertaining that the elevator was in place when he placed the first…