(Download) "Martin v. Chestnut Properties" by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Martin v. Chestnut Properties
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 22, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
KEITH and MERRITT, Circuit Judges; WEICK, Senior Circuit Judge In this appeal from a judgment entered pursuant to a jury verdict for the defendant landlord, plaintiff, a blind tenant, alleges the District Court erroneously instructed the jury on three points. We conclude in this diversity case that the District Court's instructions are not erroneous and we therefore affirm. Plaintiff argues first that the District Court in effect directed a verdict for the defendant on the claim that the defendant breached its duty to place a guard at the window well where plaintiff fell at the plaintiff's apartment because the District Court instructed the jury that the defendant had a duty either to warn of the hazard or a duty to remove the hazard but not both duties. However, our reading of the jury instructions in their entirety convinces us that the jury was instructed that it was the final authority on the behavior required of the defendant by the due care standard. Notwithstanding defendant's compliance with the city building ordinance anywhere other than on the premises; moreover, there was no motion by plaintiff to conform the pleadings to the proof. It would have been error to give an instruction on injury to persons traveling along an adjacent sidewalk.