Kuchynski v. Ukryn

At the time that the plaintiff Antonina suffered her injuries, she and the plaintiff Paul had occupied the premises under the tenancy of the latter for thirteen years or more, during the last six of which the defendants had been owners and landlords. As far as appears, the tenant was in control of the premises, and there was no contract by the defendants to make repairs.

The evidence would justify a finding that at some indefinite time prior to the accident, the defendant Ukryn drove two nails into the foot of the post that supported the rail, apparently with the purpose of making the post…