Maitz v. Lulewicz

The plaintiff, a tenant in a third-floor apartment of a six-tenement house owned by the defendant, fell down an unlighted common stairway leading from the second to the first floor and was injured. In this action to recover damages he alleged that the hallway was absolutely dark and was dangerous and hazardous for use, that when he reached the top of the stairway leading to the first floor he searched for a light switch located on the wall about four steps below the top of the stairway, and that because the hallway was dark he lost his balance and fell. The defendant denied negligence on her…