Ware v. Cattaneo

NOBLE, Justice.

Action was brought for personal injuries to Clinton C. Ware resulting from his falling on alleged defective front steps of defendant’s house, where Ware was looking at an apartment for rent. Defendant pled contributory negligence and assumption of risk. This appeal is from a jury verdict for defendant and the judgment entered pursuant to the verdict. The sole question presented by the appeal is whether the giving of instruction No. 22, claimed to be a charge upon issues neither raised by the pleadings nor by the evidence, requires a reversal.

Ware, accompanied by others, and at…