Miller v. Struck Const. Co.

MILLIKEN, Justice.

Appellant instituted this action-to recover damages for injuries which he sustained as a result of stepping into an uncovered hole in a sidewalk constructed by appellee. At the conclusion of all the evidence the trial court sustained appellee’s motion for a peremptory instruction and directed the jury to return a verdict accordingly, and the propriety of that instruction is the question on this appeál.

Appellee, as general contractor for the new Courier-Journal Building in Louisville, constructed the public sidewalk along the Sixth Street side of that structure. Before the…