Friedman v. Neufeld

Action to recover damages for personal injuries sustained by the plaintiff, an invitee, in falling down an unguarded stairway leading from the basement hall of the defendant’s home to the cellar. Judgment dismissing the complaint on the merits at the close of plaintiff’s case reversed on the law and a new trial granted, costs to abide the event. We are of opinion that a question of fact is presented as to the negligence of the defendant and the plaintiff’s contributory negligence. Young, Carswell and Davis, JJ., concur; Hagarty and Johnston, JJ., dissent and vote to affirm, with the following…