Keeney v. DiCicco

The issues at the trial of these actions for negligence were (1) whether the second floor platform of the outside wooden stairway where the plaintiffs were injured was part of a common stairway, (2) whether the landlord was negligent, and (3) causation. Without intimation of error otherwise we consider only the negligence issue since it may be dealt with briefly and is dispositive of the case. The defendant bought the premises on June 4, 1958; the plaintiffs’ respective tenancies commenced the next week; the accident occurred on August 25, 1958. The plaintiffs rested on the auditor’s original…