Kuyk v. Green

Plaintiff lived in rooms on the second floor front of a two-story apartment house owned by defendants, and her husband rented the rooms from a tenant of defendants. One day she placed a dish-pa.n upon the ground porch as a receptacle for ice and later went on the balcony in front of her rooms, placed her hands on the outer railing and looked down to see whether the ice had been delivered. The railing gave way and she fell to the steps below and was injured, and brought this action in tort against defendants to recover damages. At the close of the proofs the trial judge directed a verdict in…