Kinney v. Luebkeman

The plaintiff claims that the trial court erred in changing the findings of the jury as to the defendant owners’ failure of duty and that she is entitled upon the verdict to judgment against the owners for the damages assessed by the jury. She also claims that she is entitled to judgment against the owners upon common-law principles upon the jury’s findings.

The learned trial judge was . . . “of opinion that any failure of duty to make the premises safe related to a detail concerning the use and occupation of the premises by the tenant Sakos, which under the terms of the lease and under the…