Smallwood v. Parr

In addition to the grounds upon which the judgment of the court below is, upon rehearing, affirmed according to the opinion, written by Judge GRISSOM, in which I concur, the affirmance, I think, may well rest on another ground.

It is, I think, a sound proposition of law that the doctrine of discovered peril "presupposes negligence on the part of plaintiff and has no application where the position of peril of the person or property injured is not due to negligence for which plaintiff is responsible." 45 C.J. p. 988, § 539. It is an equally sound proposition that "The term `contributory…