153 A. 572 | N.J. | 1931
The defendants below, and appellants here, were the owners of an apartment house in Passaic occupied by two families. Access to the apartments was by common halls and stairways. The plaintiff James Stathos rented and occupied with his family the second floor apartment. On January 22, 1929, at nine-thirty P.M., the plaintiff Agnes Stathos, the wife of the tenant, fell down the stairway, and suffered injuries as a result thereof, on account of which she and her husband seek compensation in this suit. There was a verdict in favor of both plaintiffs, and from the consequent judgment the defendants appeal. *270
It is first urged that the trial judge erred in refusing to grant a motion for a nonsuit and a motion for a direction of a verdict for the defendants.
We think not. The defendants contend that the motions should have been granted because there was no evidence of a contractual relationship between the defendants and the plaintiff Agnes Stathos. But that contention ignores the fundamental ground of the complaint and the evidence by which it was supported at the trial. The gravamen of the plaintiffs' complaint was that the defendants had assumed to light the stairs and failed in the performance of that duty, and the question of negligence of the defendants in that respect was submitted to the jury.
This apartment house was not a "tenement house" within the meaning of the statutory definition. Chapter 337, laws of 1927. This is therefore not a case of a breach of duty imposed by the statute to keep a light burning in the hallway at certain hours such as Pesin v. Jugovich,
The next point concerns an alleged error in the charge. The defendants took only a general exception to a portion of the charge which embraced several distinct and independent legal propositions. While error is assigned upon the entire portion of the charge excepted to, yet it is here contended that only one of the several propositions was erroneous. In this situation the alleged error will not be considered. *272
The rule is that a general exception to a charge or a part of a charge containing several distinct and separate legal propositions will not be available. The reason for the rule and the course of decision by which it is supported is stated at some length in Mittelsdorfer v. West Jersey, c., Railroad Co.,
Lastly grounds of appeal numbers 9 to 19 inclusive, are argued. They are all in the same form, and only one of which need be quoted. It is this: "The trial court erred in refusing to charge the jury defendants' third request to charge."
These we have not considered. They are plainly in violation of the rule (which Mr. Justice Parker, for this court, took pains to lay down in State v. Blaine,
The judgment below is affirmed, with costs.
For affirmance — THE CHIEF JUSTICE, TRENCHARD, PARKER, CAMPBELL, LLOYD, CASE, BODINE, DALY, DONGES, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 14.
For reversal — None.