Stewart Ex Rel. Stewart v. Zuellig

DALTON, Judge.

Action for $50,000 damages for personal injuries alleged to have been sustained by plaintiff, a 29-months-old child, by reason of defendants’ alleged negligence in repairing a rear porch causing plaintiff to fall to the sidewalk below. At the close of plaintiff’s evidence, the court directed a verdict for defendants and judgment was entered thereon. Plaintiff has appealed. The sole issue is whether or not the court erred in directing the verdict for defendants.

Plaintiff resided with his parents in a rented second floor apartment at 2900 North Twenty-Second Street in the City of…