Carter v. Bradford

The trial court properly denied the motions for non-suit. The evidence permitted an inference of defendant’s negligence in closing the door to the vehicle while the plaintiff “was in the act of sitting down.” At the time, her hand was on the cowl against which the heavy steel door fitted snugly. At the time of the injury, the afternoon of August 24, 1958, the plaintiff was 64 years old. Ordinary care under the circumstances would seem to require the defendant to ascertain the door could be closed in safety before closing it. This he did not do.

The defendant relies heavily on Patterson v.…