Erlicht v. Boser

On December 27, 1935, at about eleven-thirty p. m., plaintiff, who was visiting a tenant in the tenement house owned by defendant, fell while descending the public stairway.

As plaintiff related the occurrence, he had walked down several flights of stairs when he came to the stairway between the first *270and the ground floor, which was quite dark. He put down his right foot and felt that the back of his foot stepped on something, but the front of his foot had nothing to rest on. He lost his balance, and was caused to fall, receiving serious injuries.

An examination of the stairway at the point in…