Osborne v. Wells

This is an action to recover damages for personal injuries sustained by plaintiff in falling into a cellar stairway through a trap door alleged to have been negligently left open by defendant. Verdict and judgment were for plaintiff in the sum of $5,000 and defendant appeals.

The cause is here on a second appeal by defendant. The statement of facts in the former opinion (211 S. W. 887) is hereby adopted for present purposes.' The cause was reversed and remanded for a new trial because of rulings of the court which were held to have restricted defendant as to proof of plaintiff’s physical…