Franklin v. Wilson

Opinion by

Mr. Justice Day.

The parties are ■ aligned. here as they were in- the trial court and so will be referred to as they there appeared.

Plaintiff claimed damages for personal injuries sustained when he fell in a house owned and being constructed by the defendant, who is also the prime contractor. A jury verdict was returned against plaintiff, and he sues out writ of error here on the basis of alleged erroneous instructions submitted to the jury. Because we determine that the court should have granted defendant’s motion for a directed verdict and a dismissal of the claim, we believe that…