Dehmer v. Martorano

Plaintiff brought this action to recover for personal injuries allegedly sustained on the property of defendant, his landlord. At the close of all evidence the trial court ordered a directed verdict in favor of defendant, and judgment was entered on this order. On appeal plaintiff contends that (1) he presented a prima facie case of negligence on the part of defendant, and (2) his conduct was not contributorially negligent as a matter of law, and therefore the issue of contributory negligence should have been submitted to the jury.

At trial plaintiff testified on his own behalf that from…