Kull v. Sears, Roebuck & Co.

The appellant’s contentions raise four issues:

1. Was Sears entitled to a directed verdict as a matter of law in that it had no duty to maintain or repair the border area beyond its lot lines?

2. Did the trial court err in instructing the jury not to consider the ownership of the area in answering the special verdict?

3. Did the trial court err in refusing to include a question concerning plaintiffs’ contributory negligence in the special verdict?

4. Was Sears entitled to indemnification on its cross complaint against the defendant Hugh G. Dardis?

The appellant-Sears’ principal argument is that…