Geracy, Inc. v. Hoover

*29RUTLEDGE, Associate Justice

(dissenting) .

I dissent. The record, consisting of an agreed statement, is in a very unsatisfactory condition. Apart from the District Court’s findings, it is not at all clear the issue of the landlord’s negligence was not withdrawn from the jury, either by the Municipal Court’s instructions or by the appellant. Statements in its brief, though somewhat equivocal, seem to assert this. If the issue was withdrawn, the judgment there went for the landlord by default. In that event res judicata would not apply, even under the majority’s view. So much of concession they…