Gray v. Pearline

This is an action by a tenant to recover damages for personal injuries alleged to have been sustained by falling from the second floor porch of a tenement house owned by the defendants when an alleged defective "railing of said porch" broke or gave way. At the close of plaintiff's case the defendants requested and the court gave a peremptory instruction to the jury to find for the defendants, whereupon plaintiff took an involuntary nonsuit. The court overruled plaintiff's motion to set aside the involuntary nonsuit, and plaintiff appealed.

It appears that respondents owned a four-family,…