Schulz v. Quintana

ELLETT, Chief Justice:

This appeal is from a judgment given in favor of Mr. Schulz for injuries he sustained when he tripped and fell over a survey stake at the edge of Mr. Quintana’s newly acquired land.

The judge read from interrogatories and answers made thereto and told the jury: “All right, now there is no dispute with that, ladies and gentlemen, that is an accepted fact in the proceedings.” What he had read to them was this: “State whether on or prior to August 25, 1974, defendant, Mr. Quintana, placed any wooden stakes in the ground on or about the vicinity of the eastern boundary of the…