Leary v. MARTIN K. EBT CONSTRUCTION COMPANY, INC.

This is a tort case in which the plaintiff, Marie P. Leary, alleged that her fall over a tarpaulin and a hidden trowel was caused by the negligence of the defendant, Eby Construction Company. The verdict and judgment in the District Court were for the plaintiff. Eby Construction Company appeals, contending that its motions for a directed verdict and judgment notwithstanding the verdict should have been sustained. We reverse the judgment of the District Court and dismiss the action.

We test the evidence in this case by the usual standard that the successful party is entitled to have every…