Rzeszutko v. Yellin

This is a personal injury case, in which plaintiff appeals from a verdict directed in favor of defendant at the close of plaintiff’s case. Plaintiff was injured when he fell into an open basement trap door, while walking in the dark in the unlighted backyard of premises occupied by plaintiff and his family as tenants. Plaintiff contends there was evidence in the record which fairly tended to prove all of the necessary elements of plaintiff’s action.

The primary question is whether plaintiff’s failure to file a post-trial motion for a new trial bars our consideration of this appeal on its…