Johnston v. Harris

Plaintiff, an elderly tenant, seeks damages from defendant apartment building owner for breach of duties to light adequately the front entrance of the building and to maintain the lock on the front door in good repair.

Plaintiff claims that these breaches of duties owed to him were the proximate cause of his being “mugged” by an unknown assailant in the nighttime on October 7, 1965, when he was returning to his apartment. Plaintiff seeks damages for the personal injuries inflicted upon him by the mugger.

The case was tried before the court without a jury. Upon completion of plaintiff’s proofs,…