Malmquist v. Leeds

Dell, Chief Justice.

This is an action for damages for personal injuries. Plaintiff appeals from a judgment entered pursuant to an order granting defendants’ motion for judgment notwithstanding the verdict in favor of the plaintiff.

On September 4, 1950, the plaintiff fell down an open stair well while visiting at the home of the defendants located on the shore of Horse Shoe Lake near Backus, Minnesota. The defendants are husband and wife, and the defendant Clarence Leeds is the plaintiff’s brother. Because of the nature of the questions involved on this appeal, it is necessary to examine the…