Coenen v. Buckman Building Corporation

Nelson, Justice.

Appeal from a judgment of the district court entered pursuant to a jury verdict in favor of plaintiff. Defendant seeks reversal and entry of judgment in its favor. The appeal does not make application for a new trial.

The accident which resulted in this action occurred when plaintiff stepped into an unlighted furnace pit located in the basement of de*195fendant’s budding. Since defendant claims that plaintiff was guilty of contributory negligence as a matter of law and that plaintiff, having awareness of the circumstances existing prior to and at the time of the accident, assumed…