Judd v. Chabek

This is an appeal by the plaintiff from an order granting the defendant's motion for a new trial following a jury verdict in plaintiff’s favor.

Plaintiff worked for one Rausch as a gardener at an apartment house which Rausch owned. Rausch died in 1954, but plaintiff, pursuant to the authorization of defendant (who was Rausch’s executor), continued to work around the premises. Plaintiff sustained his injury in August, 1955. The accident occurred while plaintiff was trimming one of the palm trees on the property. Plaintiff testified that he was using a ladder belonging to the Rausch estate.…