O'Neil v. Noe

Opinion of the Court by

Judge Cammack

Reversing and remanding.

Mrs. Myrtle Noe obtained a judgment for $2500 against C. 4. O’Neil as damages for personal injuries sustained by her in a fall down a stairway in an apartment building in Corbin which was leased by Mr. 0 ’Neil and rented out by him to others. Reversal is urged upon the grounds that (1) Mrs. Noe’s petition did not state a cause of action; (2) Mr. O’Neil was entitled to a peremptory instruction; (3) the court erred in instructing the jury; and (4) the amount of the recovery is excessive.

In substance the petition charged that Mr. O’Neil…