Armstrong v. McGuire

SIMS, Judge.

Plaintiff, Marie McGuire, obtained a judgment for $1,500 damages for personal injuries suffered in a fall she alleged was caused by the negligence of defendants. On motion for an appeal defendants insist: 1. the notice of appeal was not sufficient to give this court jurisdiction; 2. the trial judge violated CR 26.04(4); 3. a verdict should have been directed in their favor.

Defendants, Eldon Armstrong and wife, owned a lot abutting Scott Street in the town of Olive Hill and they employed C. C. Tackett and Harlan Kash to construct a building on it. The petition alleged that in the…