The sole question presented by this appeal is whether the court erred in submitting the issue of contributory negligence to the jury. We find no error and accordingly affirm.
In determining the sufficiency of the evidence to justify the submission of an issue of contributory negligence to the jury, we must consider the evidence in the light most favorable to the defendant and disregard that which is favorable to the plaintiff.
Boyd v. Wilson,
The evidence in the present case discloses that such defects as may have existed in the ramp were all of a nature which should have been readily apparent to anyone who looked to see what was there to be seen. The evidence also shows that plaintiff had used the ramp many times and had had the opportunity to be thoroughly familiar with it before her fall. “Slight depressions, unevenness and irregularities in outdoor walkways, sidewalks and streets are so common that their presence is to be anticipated by
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prudent persons.”
Evans v. Batten,
No error.
