Sinclair Refining Company v. James C. Toomey and John J. Toomey, Trustees, Under the Will of Ellen C. Toomey, Deceased

On June 12, 1958 about 10:30 P.M., a lady was seriously injured when she fell into a stairwell, immediately adjacent to a public alley. The stairwell led from the alley to the basement of a building which was used in part as the office portion of a gasoline station selling Sinclair products. The premises had been leased by the appellees, James C. and John J. Toomey as trustees, to the appellant, Sinclair Refining Company, which in turn had sublet the premises to one Muldrow. According to a pretrial order, the latter claimed that the conditions existing at the stairwell at the time of the…