Scholey v. Steele

DOOLING-, J. pro tem.

Defendant Marshall Steele, Jr., appeals from a judgment for $500 rendered against him for personal injuries suffered by the plaintiff. The plaintiff’s injuries were caused by a fall from the front steps of a dwelling house of which appellant is the owner and Mrs. Mary Enos the tenant under a month to month tenancy. The fall was caused by the giving way of a decayed step and railing. The trial court found that as one of the terms of the tenancy appellant had covenanted through his agent E. E. Webster, Inc., to assume the ordinary upkeep, maintenance and repair of the…