Civil Procedure Keyed to Yeazell
McKey v. Fairbairn
Mrs. Littlejohn (P) had a leak in her apartment roof. She notified her landlord (D). Before it could be repaired, a heavy storm occurred which resulted in significant leaking of water on her bedroom floor. Mopping the water twice the next morning still left the floor wet. As a result when she re-entered the room she slipped and fell injuring herself. She sued for damages, and at trial her counsel verbally agreed with the judge that the theory of recovery was negligence in her case. After this, Mrs. Littlejohn (P) moved to cite certain housing regulations which were claimed by her to be relevant to her complaint, but the motion was denied. The judge also directed the verdict to be in favor of the defendant. She appealed the decision.
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