SCHWARTZ v. SELVAGE

No. 42016.

277 N.W.2d 681 (1979)

203 Neb. 158

John S. SCHWARTZ, Appellant, v. Donald Dean SELVAGE and Sharon Lee Selvage, husband and wife, Appellees.

Supreme Court of Nebraska.

April 24, 1979.


Attorney(s) appearing for the Case

William M. Berlowitz, Lincoln, for appellant.

Baylor, Evnen, Baylor, Curtiss & Grimit, Lincoln, for appellees.

Heard before KRIVOSHA, C. J., BRODKEY, and HASTINGS, JJ., and COLWELL and MARTIN, District Judges.


MARTIN, District Judge.

In this case plaintiff, a mailman, went up the front porch steps of defendants' residence on a normal summer day to deliver mail. He came down the same steps. Plaintiff's testimony shows he saw clutter on the steps going up and coming down, but did not use the handrail on either occasion. His evidence further indicates he slipped on some unknown object on the steps.

The lower court directed...

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