Idel v. Mitchell
| Decision Date | 03 February 1899 |
| Citation | 52 N.E. 740,158 N.Y. 134 |
| Parties | IDEL v. MITCHELL. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from supreme court, appellate division, First department.
Action by Caroline Idel agaisnt Edward Mitchell. From a judgment by the appellate division (39 N. Y. Supp. 1) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals. Reversed.
The plaintiff, who, with her husband, had occupied the third floor of defendant's building for a period of 10 years, was on the 24th day of February, 1893, engaged in sweeping the stairs between the second and first floors when she caught her foot on a nail, and fell backward down the stairs. The result was an injury, and this action was brought to recover damages sustained. The plaintiff testified that, until a short time previous to the accident, there had been a carpet or crash upon the stairs, which, after removal, disclosed a number of nails sticking up in the steps of the staircase. By the terms of the lease, plaintiff was required to clean her own stairs leading from the third story to the second; and, when the second story was occupied, the tenant of it was required to clean the stairs leading from that floor to the first. The second floor was tenantless for some time, and so the plaintiff cleaned the stairs leading from the second to the first floor, as well as those from the third to the second, and this she did on Friday of each week. At to the nails in the steps, the plaintiff testified: The plaintiff's husband testified: ...
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