Montgomery v. Engel

BECKER, Justice.

Plaintiff tenant fell while descending a stairs in the premises rented from defend ants. He sues for resultant injuries. At the close of all the evidence defendants’ motion for a directed verdict in defendants’ favor was sustained. Plaintiff appeals. We reverse.

The facts are relatively simple. The second floor apartment rented by plaintiff was serviced by an inside stairway which led both to the apartment and to the attic above it. Both the landlord and the tenant used the attic and the stairs in question but the landlord’s use was quite infrequent. The tenant used the stairs…