Burkert v. Smith

In a suit for personal injuries sustained by a woman who fell -down a stairway in a tavern, the trial court directed a verdict for the defendants, the owners of the building and the tenant who operated the tavern. The sole question for decision is Whether in doing so the court committed error.

The Judge briefly stated to the jury that the plaintiff (who, with her husband, brings this appeal) was guilty of contributory negligence as a matter of law. Although no mention was made by the trial court of the question of the defendants’ primary negligence, it was argued in the briefs and orally in…