Martin v. Kozjak

The plaintiff, Agnes M. Martin, suffered injuries in falling from an outside stairway, used in common by her and a number of other tenants. She brought suit on the ground of negligence in maintaining the stairway, against the defendants, August and Eosie Kozjak, charging among other things that said defendants “owned and controlled” the building. The trial resulted in a judgment against defendants on a jury verdict in the sum of $3,250, and this appeal followed.

The answer of the defendants admitted ownership and control of the premises. Later, when one of the tenants of the premises, Toni…