Camacho v. Tabak

Eager, J. (dissenting).

I dissent. The trial court dismissed plaintiff’s complaint on the merits at the close of his ease solely on the ground that the plaintiff had failed as a matter of law to show himself free from contributory negligence.

The plaintiff, a visitor to a first-floor tenant in a multiple dwelling, sustained personal injuries at about 10 :00 p.m., October 3, 1957, when he missed a step while descending the stairway connecting the first floor with the ground floor. A breakdown in the supply of electrical current to the premises had occurred earlier that same evening, and at the…