Peters Motors, Inc. v. Poyner

LATIMER, Justice.

Appellee, Raymond Poyner, obtained judgment against appellant in the sum of $2750 as damages for a broken leg sustained while using steps at the rear of his residence which he rented from appellant.

Appellant is here urging as grounds for reversal: (1) The court erred in overruling appellant’s motion for a judgment notwithstanding the verdict; (2) the court erred in refusing to direct a verdict for appellant; (3) the damages are excessive.

It is conceded by each party to this action that the vital question goes to whether or not appellee is within the exception to the general…