Socha v. Passino

Plaintiff was injured while re moving a mattress from the home of the defendants, plaintiff’s ex-wife and her husband. As plaintiff handed the mattress from a second-story balcony to friends below, he leaned against a railing constructed by defendant Jack Passino. The railing gave way and plaintiff fell approximately 15 feet to the ground below.

Plaintiff filed suit alleging negligence in:

"a. Using an inadequate means of attaching said railing to the side of a wood-sided house.

"b. Failing to warn plaintiff that the railing thus constructed might or would give way if weight were placed against…