Schmidt v. Pelz

While engaged in cleaning gutters on defendants’ house, plaintiff fell from the roof and sustained injuries for which he seeks damages in this action. From judgment entered on a verdict in his favor, defendants appeal.

Of several assignments of error, we shall discuss the following: (1) Challenging the sufficiency of the evidence to sustain the verdict; (2) the denial of a requested instruction.

First: Respondent’s cause of action is predicated upon the inadequacy of a rope furnished by appellants for his use in connection with the work.

According to the allegations of respondent’s complaint and…