White v. Herbst

The plaintiff brought this action to recover for the death of the decedent, alleged to have been caused by the defective condition of a stairway in a tenement house belonging to the defendant. A second count in the complaint was eliminated by demurrer and the action was tried upon the ground of the defendant’s claimed negligence. The jury ren dered a verdict in favor of the plaintiff and the defendant has appealed from the trial court’s refusal to set it aside. The jury could have reasonably found the following facts: The decedent had been visiting a relative on the second floor of the house,…