Opinion
No. 19,508.
Filed June 22, 1966.
From the Marion Superior Court, Room No. 1, Walter Bell, Judge.
Appellee, Mary Ham Stover, brought this action for personal injuries against appellant, Marguerite E. Maley Fechtman. Appellee recovered a judgment and appellant appealed. The Appellate Court reversed the judgment and appellee petitioned for transfer to the Supreme Court.
Transfer denied. Reporter's Note: See Appellate Court Opinion Reported in 199 N.E.2d 354.
C. Wendell Martin, Richard P. Nahrwold, and Bredell Cooper Martin, of Indianapolis, for appellant.
Ralph Hamill, John P. Price, Joseph A. Kutch, and Hollowell Hamill, of counsel, of Indianapolis, for appellee.
CONCURRING OPINION
I concur in the denial of the petition to transfer, but I do so upon the ground that I do not think that instructions numbers 22 and 25 given by the trial court are pertinent, for the reason that the statute referred to is not applicable, since the Act refers merely to buildings, and in my opinion does not cover concrete steps on a walkway, eight to ten feet from the building, when reference is made in the Act to "stairway and stairways."
NOTE. — Reported in 217 N.E.2d 587.