Schwartz v. Selvage

Martin, District Judge.

In this case plaintiff, a mailman, went up the front porch steps of defendants’ residence on a normal summer day to deliver mail. He came down the same steps. Plaintiff’s testimony shows he saw clutter on the steps going up and coming down, but did not use the handrail on either occasion. His evidence further indicates he slipped on some unknown object on the steps.

The lower court directed a verdict for the defendants at the close of plaintiff’s evidence for the reasons: (1) The plaintiff’s evidence failed to show negligence on the part of the defendants; (2) that as a…