Reuter

The defendant has appealed from a judgment of $7,500 which was rendered against him pursuant to a verdict returned by a jury in a suit for personal injuries sustained as a result of slipping and falling on a recently waxed stairway.

A reversal of the judgment is sought on the grounds that the evidence fails to show negligence on the part of the defendant, and upon the contrary that the record establishes the fact that the accident occurred as the result of the contributory negligence of the plaintiff. It is also asserted the court erred in giving to the jury certain instructions, and that the judgment is excessive.

The defendant is the owner of an office building in the city of Merced. The plaintiff was an active, vigorous realtor in the prime of life, who for several years had rented and occupied an office on the second floor of this building. There was no elevator in the building. Access to the upper floor was by means of a well-lighted stairway, consisting of two flights of steps divided by a platform landing and an abrupt turn in the course of the stairway. The stairway is normal in every respect. The first flight above the ground floor contains eighteen steps. At this point…