Hellmuth v. Kruger

The opinion of the court was delivered by

Parker, J.

This is a suit against the owner of a tenement house for personal injuries sustained by falling down an unlighted stairway. The claim is based on an allegation of negligence, and the alleged negligence is predicated upon the failure of the defendant-owner of the tenement house to provide such lights in the hallway of the house as were required by the Tenement House act. Comp. Stat., p. 5341. The gravamen of the appeal is that the trial judge took' an erroneous view of the requirements of the statute, in that he ruled that the defendant was…