44 Ind. App. 625 | Ind. Ct. App. | 1909
Appellee brought this action against the appellant to recover damages for personal injuries alleged to have been sustained by the appellee in a building in the town of Dale, Spencer county, Indiana, a part of the second floor of which was occupied by the appellant as its exchange.
The negligent acts alleged in the complaint are that the appellant negligently maintained a certain stairway in its place of business, where the public, including the appellee, were invited; that said stairway “was almost perpendicular, had no hand- or guard-rail whatever, and that the defendant failed and neglected to provide a light of any kind for said stairway. ’ ’
Issues were formed by complaint and general denial. Trial by jury resulted in a verdict and judgment in favor of appellee. With the verdict the jury returned answers to interrogatories.
The errors relied upon for reversal are the action of the court in overruling appellant’s demurrer for want of facts to the complaint, its motion for judgment on the answers to interrogatories notwithstanding the general verdict, and its motion for a new trial.
Upon an examination of the record it is not shown that any instructions were filed in the court below after they were given. The claim must be allowed. Acts 1907, p. 652, §561 Burns 1908.
Judgment affirmed.