McDaniel

This is an appeal by the plaintiff from a judgment for the defendants in an action to recover for personal injuries.

The plaintiff, Louise McDaniel, was injured when she was knocked down by another skier, the defendant Dowell, while she was about to avail herself of the aid of a ski tow for the purpose of going to the top of a hill used by skiers. The ski tow was operated by defendant More, from whom Mr. and Mrs. McDaniel had purchased tickets which entitled them to use the tow. The tow consisted of a moving rope which was gripped by the user who would then be pulled to the top of the incline while on his skis.

The plaintiff and her husband had skied in the area before and had used the tow earlier on the day of the accident. When she was hit, Mrs. McDaniel was about 50 feet from the lower end of the tow, near a sign containing the words “Load here,” and was holding onto the rope with both hands. She did not see Mr. Dowell before he came in contact with her. Mr. Dowell was about 25 or 30 feet away from Mrs. McDaniel when Mr. McDaniel noticed him. Mr. McDaniel testified in part as follows: “. . . when he was a little—I am not sure of the distance, I am just…