stating that a question of contributory negligence was presented for the jury where an 87-year-old bus passenger was thrown to the floor and injured after she stood up from her seat in order to reach a bell cord located above the window
How later courts described this case
- stating that a question of contributory negligence was presented for the jury where an 87-year-old bus passenger was thrown to the floor and injured after she stood up from her seat in order to reach a bell cord located above the window
- court on appeal of motion for summary judgment will consider pleadings, depositions and admissions on file, together with any affidavits
- “In determining whether an issue of fact exists, our examination must take into account the pleadings, depositions, and admissions on file together with any affidavits.”
- "Compliance with a legislative enactment or administrative regulation does not prevent a finding of negligence where a reasonable man would take additional precaution."
Written by the judges who cited it.
The opinion
NEBEKER, Associate Judge,
concurring:
I concur that there is a factual issue concerning contributory negligence and that appellee is not entitled to judgment as a matter of law on the basis of its compliance with the contractual specifications in design with the federal safety regulations.