Sherrard v. Lidyoff

HANSON, J. pro tem.

This is an appeal by a tenant from an order granting a nonsuit in favor of the landlord in an action for personal injuries occasioned by a defect in the bottom step of a backyard stairway which led to the tenant’s apartment and to no other. The tenant occupied the premises with her family upon a month-to-month rental basis. There was no written lease between the tenant and the landlord.

In 1947 a car backed into the lower step of the stairway and broke off a part of the treadboard. Early in 1948 a carpenter employed by the landlord removed the board and substituted another…