Scott v. Midyette-Moor, Inc.

I concur with the majority opinion in affirming the trial court’s order setting aside the jury verdict on the ground there was no negligence on the part of the defendant for lack of a proper handrail on the stairway; but I cannot agree with that portion of said opinion holding that the jury could have found that the decedent hit his head on the downward slopping ceiling while leaning slightly forward as he descended the steps. The evidence, I’ll admit, shows that it was possible for a man six feet tall or more, to stand in such a position on the stairway as to touch or bump the ceiling with…