Bailey v. Wray

Plaintiffs below appeal from a judgment entered upon a jury’s verdict in favor of the defendants.

Three questions are presented for determination: (1) Did the trial court err in refusing to admit a photograph into evidence?; (2) Did the court commit prejudicial error in refusing to declare a mistrial?; and (3) Was the court in error in instructing the jury on the law relating to contributory negligence ?

The plaintiffs, a husband and wife, occupied the first floor of a three-apartment building, owned and operated by the defendants. The owners maintained and controlled a hallway and vestibule…