Silvestro v. Walz

Appellee recovered judgment on a verdict for $1,400 on account of personal injuries sustained by falling down an unguarded stairway in appellant’s shop. All the errors relied upon are specified in the motion for new trial. By the verdict the jury determined against appellant the issues that appellee was an invitee, appellant was negligent, and appellee free from negligence proximately contributing to his injury. Ordinarily these are questions of fact for the jury. We are asked to hold as a matter of law that each issue was erroneously determined. To reach such conclusion we must be able to…