BROCK, Judge.
There are two questions raised by this appeal. First, does plaintiff's evidence, when considered in the light most favorable to him, make out a prima facie case of negligence on the part of the defendant? And second, does plaintiff's evidence establish that the plaintiff was contributorily negligent as a matter of law?
"Negligence is the failure to exercise proper care in the performance of a legal duty which the defendant owed the plaintiff...
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