Whitney v. Central Paper Stock Company

SMITH, Commissioner.

This is an appeal by defendant-appellant from a judgment of $5000.00 rendered against it in a jury tried case for personal injuries sustained by plaintiff-respondent. Defendant contends that the case was improperly submitted to the jury as an invitee-injured case using MAI 22.03 modified. This is based upon the asserted grounds that (1) the evidence failed to establish the existence of the defect when defendant parted with the possession of the trailer on which plaintiff was injured, and (2) the evidence established plaintiff should have known of the dangerous condition in…