78 Pa. Super. 76 | Pa. Super. Ct. | 1921
Opinion by
Morris Cohen the owner of the house, No. 774, South Fifth Street, rented three rooms on the second floor to Joseph Prager. There were six tenants in the house. In the rear of the third floor, and superimposed on the roof was a platform which all the tenants used as a place to hang out their wash. Steps were provided so that they could have easy access thereto. Cohen having died, in his last will and testament appointed the defendant among others trustee and executor. Mrs. Prager went upon the platform for the purpose of hanging out wash, trod on a board which gave way under her weight, and as a result was severely injured. It was shown that the platform was in a shaky condition; that the defendant had knowledge thereof; that he had stated that he would fix it. Under the evidence submitted, the jury could find the accident occurred in a place provided by the landlord for the convenience of the tenants, a place that was not embraced in the part of the property leased to the tenants but remained under his control. It was apparently an extra construction particularly designed for the convenience of the occupants. The landlord therefore was required to keep it in ordinarily safe condition: Lewin v. Pauli, 19 Pa. Superior Ct. 447. It was for the jury to determine whether the accident would have occurred if the landlord had used proper care: Levinson v. Myers, 24 Pa. Superior Ct. 481; Brown v. Towanda Boro., 24 Pa. Superior Ct. 378; Fisher v. Ruch, 12 Pa. Superior Ct. 240; Silver Costume Co. v. Passant, 71 Pa. Superior Ct. 252.
As to the question of the contributory negligence of Mrs. Prager, this was also a matter for the jury. Under all the circumstances, was the platform in such a condition as should have prevented a reasonably prudent person occupying part of the premises from using it? This matter was properly submitted to the jury by the learned trial judge.
The only other question submitted which needs attention is, that the charge of the court was inadequate. The attention of the learned trial judge was not called to this, and it is too late to raise it now. See Roberts v. Yallamont Traction Co., 270 Pa. 19.
All the assignments of error are overruled, and the judgment is affirmed.