Sutton v. Mayor of Baltimore

This is an appeal by George D. Sutton, plaintiff, appellant, from the action of the trial judge in granting a motion for a judgment n.o.v., setting aside the verdict of a jury, and entering a judgment for costs for the Mayor and City Council of Baltimore, defendant, appellee, because of contributory negligence of the plaintiff as a matter of law.

Previous to January 4, 1955, plaintiff had had an operation performed on his hip. This was successful and he had good use of his leg. He was able to walk at reasonable speed and could run if necessary. However, he endeavored to protect his hip at all…