PAYTAN v. ROWLAND


155 S.E.2d 36 (1967)

208 Va. 24

Barbara PAYTAN v. Maxwell ROWLAND.

Supreme Court of Appeals of Virginia.

June 12, 1967.


Attorney(s) appearing for the Case

Montgomery Knight, Jr., Norfolk (Doumar, Pincus, Anderson & Knight, Norfolk, on brief), for plaintiff in error.

William C. Walker, Norfolk (James A. Howard, Breeden, Howard & MacMillan, Norfolk, on brief), for defendant in error.

Before EGGLESTON, C.J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON, CARRICO and GORDON, JJ.


GORDON, Justice.

Barbara Paytan brought this action against her landlord, Maxwell Rowland, to recover damages for injuries suffered when she fell through the back porch on premises she had rented from him. After filing grounds of defense, including a plea of contributory negligence, Rowland's counsel took a discovery deposition of Mrs. Paytan. He then filed a motion for summary judgment, asserting that Mrs. Paytan had not made out a cause of action sufficient in law...

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