Benjamin v. Jonathan Woodner Co.

Plaintiff appeals from a judgment entered April 30, 1964, dismissing the complaint at the end of plaintiff’s case. This action for damages for wrongful death and conscious pain and suffering arose out of an accident which occurred June 30, 1963, in which plaintiff’s intestate suffered serious injuries from which he died six days later. Plaintiff’s intestate and plaintiff, husband and wife, were tenants in the premises, and it is claimed that the accident happened because of a breach of duty owed the plaintiff’s intestate by reason of a failure to keep the premises in good repair. It is…