Livingston v. . Investment Co.

STACY, C. J., and WINBORNE, J., concur in dissent. This is an action for actionable negligence brought by plaintiff against defendant alleging damage. The defendant denied negligence and set up the plea of contributory negligence.

The plaintiff in her complaint alleged, in part:

"That said steps at the time of plaintiff's first inspection of the premises, were made of brick, and that a number of the bricks were loose and a larger number had been removed from the tread of the steps, and that the dangerous condition of the steps was readily apparent to even a casual inspection; that in order to…