The trial court properly declined to set aside the verdict, which was based upon sufficient evidence and was not against the weight of the evidence. Although the lease did not include the backyard, where plaintiff was injured, as part of the demised premises, the owners' control of the area is not governed solely by the lease. The court properly instructed that the jury was entitled to consider the conduct of the parties and the actual use of the yard as well. The out-of...
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