Falconer v. Salliotte

This was a negligence action arising out of plaintiffs alleged injury in the collapse of a fire escape at his apartment. A jury returned a verdict of no cause of action and plaintiff now appeals by right.

Plaintiff requested, and the trial court refused to give, the following instruction:

"Continuation of a Tenant’s Rights Until Eviction

"In this case, there was undisputed testimony that Mr. Falconer was not evicted from his apartment at 127 College Place until November 21, 1977. According to the law, Mr. Falconer, until the time of his eviction, enjoyed the same rights as any other tenant in…