Foster v. Sol Greisler & Sons, Inc.

Keller, P. J.,

Opinion by

This is a negligence case. Plaintiff appeals from an order of the court dismissing his motion to remove a nonsuit. A nonsuit was entered on the grounds that (1) plaintiff failed to offer any evidence of negligence and (2) plaintiff was guilty of contributory negligence as a matter of law. Defendant, properly we think, concedes there was evidence from which the jury would have been warranted in concluding defendant was negligent.

We are all of opinion the question of the plaintiff’s contributory negligence was for the jury.

Defendant is engaged in the business of selling…