Kirby v. Newman

The defendant is the owner of a house in the city of New York containing a store on the street level, an apartment above the store and a cellar below the store. The defendant occupied the apartment and leased the store to a tenant. The cellar was not leased to the tenant, but the tenant received the right to use it “ in part ” for storage. A flight of steps led from the sidewalk to the cellar. Doors were constructed which when closed covered the entrance to the steps in the sidewalk. On September 7, 1921, the doors were left open and the plaintiff Hannah M. Kirby while walking along the…