Reische v. Montgomery

In an action to recover damages for personal injuries sustained as the result of a fall down a flight of stairs in a building owned by respondents and leased in its entirety to plaintiff’s father, plaintiff appeals from a judgment dismissing the complaint at the close of his case. The building was used by plaintiff’s father in the conduct of a wholesale fruit and vegetable business. A railing or bannister to the second floor was constructed in such a manner that for a distance of about thirty-six inches it was flush against a floor beam, so that it could not be grasped. There was proof that…