Hart v. Sullivan

Mr. Presiding Justice Niemeyer

delivered the opinion of the court.

Plaintiff, administratrix of the estate of her deceased husband, appeals from a judgment entered upon a verdict directed for the defendant at the close of plaintiff’s evidence in an action for the wrongful death of the deceased.

Joseph Donati, a tenant, lived with his family on the third floor of defendant’s building; the second floor was occupied as living quarters by another tenant; the first floor was used commercially; access to Donati’s flat was through a door at the street level into a small hall, then to the west, up a…