Morrison v. Suburban Trust Co.

Appellant was injured in the commercial garage of the decedent, represented here by his executor, the appellee, when he tripped over the handle of an automobile jack protruding from the front of a car. At the conclusion of the evidence for the injured man, the trial court, assuming primary negligence for the purpose of the decision, found the plaintiff to have been contributorily negligent as a matter of law. The appeal is from the judgment for the defendant below, for costs.

We find no need to rule on the question of contributory negligence since we think there is no evidence of primary…