Smith v. Baker's Feed and Grain, Inc.

The plaintiff, Robert Smith, sued defendant, Baker’s Feed and Grain, Inc. (Baker’s), to recover damages for injuries sustained when plaintiff fell down a flight of stairs. Smith is a farmer, contractor and bricklayer. At his farm he raises horses. On November 20, 1986, Smith went to Baker’s to purchase feed for his horses. There, Smith alleges, he suffered injuries falling down a negligently maintained stairway. A jury returned a verdict in favor of Smith, and defendant appeals.

Defendant argues that the trial court erred: (1) in admitting the photograph of a stairway which was not in the…