Richard v. Tarantino

Petitioner, claiming to have sustained injuries while occupying a room in certain premises, owned by defendant and leased to petitioner’s mother, alleged that for some five months prior to the accident there had been a large hole in the flooring, and that, in attempting to sit on a chair, she fell because one of the legs of the chair went through the hole.

Defendant filed an exception of no cause of action, and, in support thereof, contended that, if the hole was a large one and had existed for five months to the knowledge of plaintiff, she was guilty of contributory negligence in so placing…