French v. W. W. Mertz Co.

This is an appeal from the refusal of the trial court to set aside a verdict rendered in the plaintiff’s favor. The defendants claim that the plaintiff was guilty of contributory negligence as matter of law, that he assumed the risk of the conditions which brought about his injury and that the verdict is excessive. The jury might reasonably have found the following facts: The defendant The Tracy Brothers Company was engaged in remodeling a store for the defendant The W. W. Mertz Company. In the course of the work a stairway was in process of construction from the ground floor to the floor…