Smith v. Smith

Hall, Presiding Judge.

Defendants in consolidated personal injury actions appeal from the judgments and from the denial of their motion for new trial.

Plaintiffs are husband and wife and were tenants of the defendants. The wife testified that as she was descending the back steps (which were made of concrete blocks), the bottom slab suddenly pulled loose, her heel slid and caught in a hole on the step, and she fell. Her husband testified that he inspected the step the same day and saw a freshly cracked mortar joint which had not been there before. He also said that he had notified the defendants…