Smolinski v. Taulli

BOUTALL, Judge.

This is a suit by a tenant against his landlord for injuries sustained by the tenant’s minor child in a fall allegedly caused by a vice or defect in the rented premises. The facts concerning the accident are in some dispute, as there were no eyewitnesses, but we feel the following is a fairly accurate account of the events of that day.

Defendant Taulli rented to the plaintiff a one-bedroom efficiency apartment located on the second floor over a garage. A flight of outside stairs led to a landing and small porch over the garage by which means ingress was achieved to the…