Davis v. Bader

Except for an assignment of error relative to an instruction, we have another factual appeal prompted by the plaintiffs’ dissatisfaction with the verdict of the jury and the judgment of dismissal entered thereon.

• The plaintiffs occupied an apartment in a building owned by the defendants. To reach the street from the apartment, it was necessary to descend a flight of twelve steps (recessed into the hillside, or bank, between the apartment and the street). There was a brick retaining wall, and also handrails, on both sides of the steps. The ground contour was such that the handrails were…