Crafton v. Livingston

Hall, Judge.

The defendant in this negligence action appeals from a judgment for the plaintiff and enumerates as error orders overruling his demurrers to the plaintiff’s petition and overruling his motion for new trial.

1. The petition alleged that the plaintiff was injured when he was squatting down working at a water meter in the driveway and parking area of a store, and an automobile parked there backed into him. We cannot say as a matter of law that the allegations of the petition show that the plaintiff was lacking in ordinary care for his own safety, or that any negligence of the…