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CARLSON v. HAMPL

No. 41695.

169 N.W.2d 56 (1969)

Melvin CARLSON, et al., Respondents, v. Edward HAMPL, Defendant and Third-Party-Plaintiff, Appellant, v. Charles MAZZOLA, et al., Third-Party-Defendants, Respondents.

Supreme Court of Minnesota.

June 27, 1969.

Attorney(s) appearing for the Case

Taylor Law Firm, by Elmer W. Foster, Minneapolis, for appellant.

Daniel T. Cody, St. Paul, for Carlson.

Robert T. Stich, Minneapolis, for Mazzola.

Heard before KNUTSON, C. J., and MURPHY, ROGOSHESKE, SHERAN, and PETERSON, JJ.

OPINION

SHERAN, Justice.

Appeal from a judgment of the district court entered pursuant to an order granting a motion for summary judgment.

On May 4, 1966, Mayme Carlson sustained injuries when she fell down the basement stairway of a private dwelling located at 1460 East Nevada Street in St. Paul, Minnesota. For present purposes we will assume that she fell because the top step in the stairway had a riser only 5½ inches in height as compared...

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