Millman v. United States Mortgage & Title Guaranty Co.

The opinion of the court was delivered by

Heher, J.

This action sounds in tort. The gravamen of the complaint is negligence in the maintenance of a stairway for the common use of the tenants and occupants of a three-story apartment house in the city of Orange, possessed and controlled by defendant — (a) “improper in design and construction for the purpose intended and to which it was dedicated,” and (b) “in a condition of disrepair dangerous to the safety of persons” lawfully making use thereof.

Plaintiffs were occupants of a second floor apartment under a tenancy contract with defendant; and,…