Lang v. Hill
Decision Date | 12 June 1911 |
Citation | 138 S.W. 698,157 Mo. App. 685 |
Parties | LANG v. HILL et al. |
Court | Missouri Court of Appeals |
Appeal from Circuit Court, Jackson County; T. J. Seehorn, Judge.
Action by Nettie Lang against John B. Hill and another. From a judgment for plaintiff, defendants appeal. Affirmed.
Gage, Ladd & Small, for appellants. Wofford & Kimbrell, for respondent.
This is an action by a tenant against her landlords to recover damages for personal injuries alleged to have been caused by negligence of the landlords in failing to maintain a stairway on the premises in a reasonably safe condition for the use of their tenants. The answer is a general traverse. A trial to a jury resulted in a verdict and judgment for plaintiff in the sum of $1,000, and the cause is here on the appeal of defendants. The injury occurred June 3, 1909.
Plaintiff is a married woman, and, together with her family, which consisted of her husband, herself, and one child, was living as a tenant from month to month in a house owned by defendants in Kansas City. The family occupied apartments on the first floor and another family, tenants of defendants, lived on the second floor. There was a stairway connecting the second floor with a porch, and another stairway, containing five or six steps, connecting this porch with the backyard. The backyard and outbuildings were used jointly by the two families, and the stairway from the porch to the yard was for their common use. The house was old, and the stairway just mentioned was in bad repair at the time the tenancy began, and was not repaired until after plaintiff was injured. The attention of defendants' agent had been called to its condition, and he had promised to repair the stairway, but neglected to do so. The wooden steps and stringers had decayed, and the stairway had the appearance of being unsafe; but the two families had used it daily for six months without an accident, and plaintiff states she thought she could use it without risk of immediate injury. On the occasion of her injury, she was going up the...
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