Turner v. Noe

Clark, Judge.

This appeal is by a defendant landlord sued by his tenant and spouse for personal injuries sustained by the wife when the edge of a step gave way during her descent to the basement. The complaint relies upon a latent defect in construction which is bottomed upon the landlord having personally planned and supervised the construction of that portion of the residence containing the cellar steps. Landlord’s defenses are based upon (1) the house having been constructed more than ten years previously with new wood being used for this staircase, (2) exclusive possession in tenant, (3)…