Martin v. Metropolitan Jockey Club

— Appeal by defendant from a judgment in favor of plaintiff, entered on the verdict of a jury, in an action to recover damages for personal injuries caused by falling on stairs in defendant’s clubhouse. Judgment unanimously affirmed, with costs. The method of construction created a question of fact for the jury. (McGahan v. St. Saviors B. G. Church, 290 N. Y. 825; Kern v. Great Atlantic & Pacific Tea Go., 241 N. Y. 600.) Assuming that Mrs. Hilbert, a witness for plaintiff, fell in the grandstand and not in the clubhouse, the jury could infer from her testimony that she fell under similar…