LUICK v. ALBERTSON

No. 55643.

216 N.W.2d 310 (1974)

Lee LUICK, Appellee, v. William ALBERTSON and Harold Albertson, Appellants.

Supreme Court of Iowa.

March 27, 1974.


Attorney(s) appearing for the Case

William Pappas, Mason City, for appellants.

Boyle, Schuler & Oltrogge, Clear Lake, for appellee.

Heard before MOORE, C. J., and MASON, LeGRAND, UHLENHOPP and REYNOLDSON, JJ.


UHLENHOPP, Justice.

This appeal involves the propriety of the grant of a new trial by the trial court.

Plaintiff Lee Luick sued defendants William and Harold Albertson for damages for personal injuries which he sustained when he fell down some steps. He alleged that Albertsons negligently permitted the steps to be in disrepair. Albertsons denied negligence on their part and averred that Luick's own negligence caused the fall.

In such cases, the injured...

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