Tyler v. Nolen

Plaintiff-appellant brought an action against defendant-appellee to recover damages for personal injuries sustained as a result of appellant’s falling down an open stairway in a building owned by the appellee. The acts of negligence as alleged in appellant’s complaint are:

“(3) That at the time aforesaid, there was a stairway leading from the first floor of said premises to the basement, and at the top of said stairway there was located a safety gate which was not closed, fastened or otherwise secured.

“(4) That on said day, Defendant, well knowing the condition of the premises, negligently…