Ellis v. Drab

Opinion by

Mr. Justice Chidsey,

This is an appeal from the refusal to remove a compulsory nonsuit.

Viewing the evidence in the light most favorable to the plaintiff, the pertinent facts are as follows: At 2:30 A.M. on the morning of February 21, 1950, plaintiff went to his mother’s apartment, which was on the third floor of a building owned and operated by the defendants. After ascertaining that his mother was awake, plaintiff left the apartment to go down the stairs for the purpose of dismissing a waiting taxicab. The door of the apartment opened onto a three foot wide hallway which to the left…