Pauly v. King

CARTER J.

I dissent.

I agree with plaintiff that certain instructions were prejudicially erroneous.

A hotly disputed question of fact in this case, and a most important one, was whether plaintiff failed to exercise due care when he did not see the dangerous condition of the flashing. The record shows that on his four trips to the roof he was carrying, each time, a heavy load and that he was walking on uneven ground which necessitated a close watch to see where he was going. Plaintiff’s evidence also showed that a roofer customarily worked all over the roof, including the flashing; and that it…