Crouse v. Stacy-Trent Co., No. 122.

• Court: United States State Supreme Court (New Jersey)
• Writing for the Court: DONGES, J.
• Citation: 164 A. 294
• Parties: CROUSE et al. v. STACY-TRENT CO.
• Decision Date: 31 January 1933
• Docket Number: No. 122.

164 A. 294

CROUSE et al.
v.
STACY-TRENT CO.

No. 122.

Court of Errors and Appeals of New Jersey.

Jan. 31, 1933.

Syllabus by the Court.

1. In an action for personal injuries sustained by a woman in falling on a step located ten inches from a toilet door, where negligence charged consisted of improper construction and failure to provide proper light, held, evidence presented a jury question and refusal to nonsuit and direct a verdict was proper.

2. Testimony by others of having stumbled or fallen at the same place, when conditions of lighting, etc., were not shown to have been identical with those prevailing at the time of plaintiff's accident, held inadmissible to show the dangerous character of the place in question; there being no dispute as to the design of the toilet and step and its continued existence since the building was erected, nor any allegation of disrepair. Alcott v. Public Service Corporation, 78 N. J. Law, 482, 74 A. 499, 32 L. R. A. (N. S.) 1084, 138 Am. St. Rep. 619, distinguished.

Appeal from Supreme Court.

Action by Annette Crouse and another against the Stacy-Trent Company. From an adverse judgment, defendant appeals.

Reversed.

Katzenbach, Gildea & Rudner, of Trenton, for appellant.

Scammell, Knight & Reese, of Trenton, for respondents.

DONGES, J.

The plaintiff Mrs. Crouse was a patron of the defendant in its hotel on October 12, 1926. She went into a lavatory on the second floor of the hotel, and, desiring to use a toilet, which was in a compartment or stall on one side of the room, entered the compartmont

164 A. 295

through the doorway thereof, after stepping up to a platform on which two toilet compartments were located. This platform was five or six inches above the level of the floor of the lavatory room, ran along a portion of one side thereof, and began about ten inches from the outside door of the toilet compartments. As she was leaving the toilet she fell and was injured. Suit was instituted by Mrs. Crouse to recover for the injuries so received and by Mr. Crouse for his damage in consequence of such injuries to his wife. Trial was had at the Mercer circuit, which resulted in verdicts for both plaintiffs. This appeal seeks a review of the judgment entered on such verdicts.

The grounds of appeal raise two points: (1) That the trial court erred in refusing to nonsuit, and to direct a verdict for the defendant; (2) that the trial court committed error in admitting testimony that other women had almost fallen in leaving the toilet in question.

The complaint alleged that the negligence of defendant "consisted of maintaining and permitting to exist on the said hotel premises occupied and controlled by the defendant, The Stacy-Trent Company, an extremely dangerous condition, to wit, a step leading from the said water-closet to the said lavatory, which said step could not be seen, or could not be readily seen by a person going from the said water-closet to the said lavatory; which said dangerous condition arose from the failure of the defendant to maintain proper lights in the said water-closet, or in the said lavatory; from the failure of the defendant to take other proper precautions to warn persons leaving the said water-closet that such a step existed; from the failure of the defendant to post a sufficient warning of the aforesaid dangerous condition, even...