Harris v. Ellis Realty, Inc.

Harris seeks to recover for injuries suffered when he fell to the sidewalk from a metal fire escape (at the level of the floor above the street floor) through a hole in the platform of that fire escape. This hole gave access to a vertical ladder to the sidewalk. The case is before us upon exceptions to the trial judge’s refusal to direct a verdict for the defendant (Ellis) and to enter a verdict for Ellis under leave reserved. The evidence is stated in its aspect most favorable to Harris.

Harris rented an apartment above a street floor store from Ellis in 1949 through Ellis’s agent. A window…