WHEELER, J.
The defendant's chief contention is that the plaintiff was guilty of contributory negligence as a matter of law. The defendant concedes ". . . that each case rests upon the particular facts out of which it grew." The question here is whether all reasonable persons must find that the plaintiff failed to meet the standard of the care of the ordinary person of average prudence under the same or similar circumstances.
It was findable that on December...
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