Suman v. Gagel

This is an appeal on questions of law from a judgment in favor of the defendant and against the plaintiff, dismissing the petition.

Plaintiff's action was for damages for personal injuries claimed to have been suffered by her when she fell from a common landing which it was claimed had been permitted to become in a state of disrepair by her landlord. Issues were drawn and the cause came on to trial to judge and jury.

Plaintiff's counsel in their opening statement, among other things, said:

"We shall prove or attempt to prove that about seven weeks prior to the time of the accident, one of the…