Rossiter v. Moore

Appellant, plaintiff below, appeals from a summary judgment for the respondent, defendant below, in a personal injury action. The long and the short of the matter is that such judgment must be reversed because the factual showing fails to demonstrate the absence of a genuine controversy on material issues.

Appellant was a social guest at the home of respondent’s tenant, Edmund Carey, on February 16, 1960, on which occasion she fell from the back porch. The residence, owned by respondent Moore, was orally rented to Carey on a month-to-month tenancy beginning December 5, 1959. Before Carey moved…