Aspelin v. Mounkes

The opinion o£ the court was delivered by

Harman, C.:

This is a negligence action for personal injuries sustained by two persons in a fall from a barn which they were reroofing at the defendant owner’s request.

Separate claims filed by the plaintiffs were consolidated and heard in trial to the court. At the conclusion of plaintiffs’ evidence the trial court sustained that which has been denominated throughout as a motion for summary judgment. Plaintiffs have appealed.

Appellants’ evidence revealed the following: Appellee Mounkes, who was seventy-eight years of age, owned two bams whose roofs…