Negligence — Contributory — Pedestrians — Sidewalks — Defects — Similarity of color — Observation of traffic.
In an action for injuries, in which it appeared that in the afternoon of a bright, clear day, the plaintiff tripped over the edge of a section of concrete sidewalk which was raised above the section adjoining it, it was held that the evidence established as a matter of law that plaintiff was contributorily negligent, despite plaintiff's testimony that he failed to see the irregularity because the two sections of the sidewalk were the same color and he was observing the traffic conditions in the highway which he was approaching.
Argued October 9, 1941.
PER CURIAM, November 24, 1941:
The order of the court below is affirmed on the opinion of Judge MCNAUGHER.