Lewis v. Kasimer

The plaintiff, a tenant of the defendant, brought this action to recover damages for personal injuries resulting from a fall alleged to have been caused by the negligence of the defendant in failing to maintain a stairway in a reasonably safe condition. The trial court, on the motion of the defendant, set aside the verdict for the plaintiff and rendered judgment for the defendant notwithstanding the verdict because on the pleadings the question of control was the decisive issue and, as a matter of law, the evidence was insufficient to show that the defendant retained or agreed to retain…