14 Daly 197 | New York Court of Common Pleas | 1887
The allegations of the complaint, that the defendant was the owner of the premises No. 9 Varick Place, in the City of New York, which building was a tenement house occupied by plaintiff and other tenants of defendant; that the building was negligently kept by defendant, inasmuch as the stairs of the first hall were covered with zinc, or some other metal, which had become so worn that the edges became sharp, ragged, and curled up, and defendant negligently permitted the same to remain so; and that plaintiff, lawfully using tbe stairs, and carefully passing down the same, and without any fault or negligence on her part, tripped upon said zinc or other metal, and fell and broke her right hand and wrist, etc., states a good cause of action ; —the statute (section 652 of the Consolidation Act) requiring, in respect of tenement houses, that all stairs shall be kept in good repair. The duty thus imposed by law upon the landlord is for the benefit of the tenants, so that they may have a safe passage from their apartments to the street, and a breach of the duty imposed by statute gives a right of action (Willy v. Mulledy, 78 N. Y. 311). It was not necessary to plead the public statute; the motion to dismiss upon the complaint and opening, on the ground that there was no allegation of duty, or of facts showing duty, was properly denied.
The plaintiff testified that her fall was caused by her dress catching on something that was on the stairs, but she did not know whether it was the zinc or a nail, both of which were there; that the stairs were ragged; and the zinc, or whatever it was that covered the steps, had got turned up so that it would catch everything. As it was in the dark and late at night when plaintiff fell, there was a sufficient reason for her not being able to state positively
There was no error in admitting evidence that the day after the accident the small pieces of tin were taken off the stairs and the place was smoothed. These repairs made immediately after the accident may be regarded as some evidence that they were needed (Dale v. Del. & L. R. Co., 73 N. Y. 468-70).
The judge properly refused, for the reasons already given, to charge that there was no evidence of any duty imposed upon the landlord, nor of any violation of any duty or contract. The defendant requested the judge to charge a proposition as to contributory negligence, and the judge declined except as he had already charged. He had repeatedly impressed upon the jury the obligation of plaintiff
The evidence amply sustains the verdict, and the judgment should be affirmed, with costs.
Larremore, Ch. J., and Yah Hoesen, J., concurred.
Judgment affirmed, with costs.