169 Mich. 247 | Mich. | 1912
The plaintiff assigns error in this case because of ,the action of the trial court in directing a verdict in favor of the defendants.
Plaintiff is a musician and during the summer of 1906 was employed by Mr. Al A. Green as a member of his military band. Green contracted with the defendant Free Press to furnish Saturday evening concerts with his military band near the Free Press building. Defendant Campbell was the owner of the Lafayette Theater, and his permission was obtained for the musicians to occupy gratis the balcony in front of the theater, which adjoins
At the conclusion of plaintiff’s testimony, the defendants moved for a directed verdict on the grounds that no negligence on the part of defendants had been shown and because the plaintiff himself was guilty of negligence which contributed to his injury. The trial court took the defendants’ view of the case and directed a verdict in their behalf. The important question for our consideration is whether the trial court was in error in so doing.
The plaintiff went upon the premises in question by the express invitation or permission of the defendants. Under these circumstances, it was their duty to see'that the premises were in a reasonably safe condition of repair. The declaration does not allege, and the testimony does not disclose, that the injuries were incurred by reason of any structural defects in the hallway or stairs, and it is not claimed that the injuries were caused by any pitfalls or traps so far as construction was concerned, nor that there was any unusual or dangerous construction which would
We are of the opinion that the trial court was not in error in holding that no negligence had been shown upon the part of defendants, and we are likewise of the opinion that no error was committed in holding that plaintiff was not free from negligence. The testimony shows that when plaintiff went up the stairs he noticed that they were not lighted. He must also have noted the construction of the stairs and the position of the hand rail. His physician testified that he was affected with presbyopia, a hardening of the lenses, making it difficult for the eyes to adjust themselves readily to the sudden changes of light. When he started to go down the stairs, if the light was insufficient to enable him to see where he was going, he should have asked for more light, or requested some one to assist him, and, if he was unsteady, he should have gone directly to the side where the railing was and taken hold of it before starting down. His failure to ob
The judgment of the trial court is affirmed.