Rausch v. Buisse

The issues presented by this appeal fall into two categories:

First, what duty was owed by the sewer contractor to the plaintiff?

Second, were the trial judge’s rulings concerning the admission or exclusion of evidence erroneous so that the appellant is entitled to a new trial ?

In the trial court’s view the duty placed upon the defendant was restricted to requiring the contractor to warn as regards the protruding manhole. When the jury found that the plaintiff did not strike the manhole that disposed of the case. The learned trial court, we conclude, correctly rejected any further theory of…