Wood v. Moore
Wood v. Moore
Opinion of the Court
1. The defendant insists that the petition sets forth no cause of action because it does not show that there was any duty owed by him to the plaintiff. With this contention
2. The defendant further contends that the plaintiff should be debarred of recover because he failed to exercise ordinary care for his own safety. The petition alleges that due to the position where the plaintiff was standing he was unable to observe that the brick was improperly placed. This is not a case where it is clear, plain, and indisputable that the plaintiff failed to exercise ordinary care for his own safety, and the defendant’s contention is for that reason without merit.
The judge erred in sustaining the general demurrer to the petition.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.