Kahn v. Werbel

Plaintiffs, tenants in an apartment house located in Newark, New Jersey, instituted their action against the defendants, as owners thereof, to recover for injuries resulting from alleged negligence in the maintenance of the common hallway at the entrance to their apartment. The defendants denied the allegation of negligence and asserted that the plaintiffs had assumed the risk resulting from the condition of the hallway and were contributorily negligent. At the close of the plaintiffs' case, the trial court granted a motion for dismissal and this appeal is from the ensuing judgment for the…