McCutcheon v. United Homes Corp.

The two cases involved herein were considered separately by the trial court. Since the issues presented are identical, they have been consolidated on appeal.

Plaintiff Norma McCutcheon, a tenant of defendant United Homes Corporation, was injured one evening when she fell down an unlighted flight of stairs leading from her apartment. She alleged the defendant was negligent because the lights 'at the top and bottom of the stairwell were not operative.

Plaintiff Douglas R. Fuller, also defendant’s tenant, was injured as he descended the outside stairs of his apartment on his way to work. A step…