Cullen v. Schmit

The sole problem now requiring the attention of this court is the substantive question whether the trial court was in error in arresting the evidence from the consideration of the jury and rendering judgment in favor of the defendants.

It was the view of the trial court that the record discloses evidence tending to show negligence on the part of the defendants in failing to light the church stairway properly and in providing a handrail on one side only. However, it was held further that the defendants are not liable for this negligence inasmuch as the church they maintain is a charitable or…