Schiro v. Oriental Realty Co.

The first issue raised by the defendant on this appeal is whether there is any credible evidence to sustain the jury’s finding that Mrs. Schiro was on her own property at the time she lost her balance and fell. It is defendant’s contention that Mrs. Schiro was walking at the time upon land owned by defendant. If this contention were found to be correct, then defendant would be entitled to judgment dismissing the complaint. This is because no duty exists on the part of a landowner toward a trespasser except to refrain from wilfully or wantonly injuring him. Nalepinski v. Durner (1951), 259…