Boles v. Hotel Maytag Co.

Mitchell, J.

(dissenting) — I find myself unable to agree with the opinion of the majority and respectfully dissent. The majority’s opinion, as I read it, is based upon the question of contributory negligence. In view of the fact that there was a presumption that the decedent used due care, I think the question of contributory negligence was one for the jury, and I would affirm the decision of the lower court.