Bender v. Schneider

AGEE, J. pro tem.*

This is an action for damages for personal injuries. The jury returned a verdict for defendant. Plaintiff’s motion for a new trial was granted and defendant appeals from such order. Plaintiff then cross-appealed from the judgment entered upon the verdict.

Defendant is the owner of real property improved by a one-story duplex. Between the two units is a double garage. A cement driveway runs from the street to the garage. It serves as a pedestrian walkway as well as an automobile driveway. Each unit has a short walkway extending from the end of the driveway to the front door.…