Richter v. Adobe Creek Lodge

WOOD (Fred B.), J.

Plaintiff, a business invitee at defendant Waxman’s recreational resort, sat down on the steps in front of a stage which was enclosed in front by a heavy canvas curtain. A piano, pushed and pulled toward the front of the stage by two 13-year-old boys, went over the edge and onto plaintiff, to her serious injury.

Plaintiff obtained a verdict for $54,980 which was reduced to $42,500 as the condition for an order denying a new trial. Defendant’s principal point in support of his appeal from the judgment and from an order denying his motion for judgment notwithstanding the…