Williams v. Strauss

• Decision Date: 20 May 1936
• Docket Number: 595.
• Parties: WILLIAMS v. STRAUSS.
• Court: North Carolina Supreme Court

185 S.E. 676

210 N.C. 200

WILLIAMS v. STRAUSS.

No. 595.

Supreme Court of North Carolina

May 20, 1936

Action by Mary Lilly Edwards Williams, by her next friend, E.D Williams, against Mary Ida Strauss. From a judgment dismissing the action, the plaintiff appeals.

Affirmed.

This is an action to recover damages for personal injuries suffered by the plaintiff, a child five years of age, when she fell down a stairway extending from a balcony or platform in the rear of an apartment in which she was living as a member of the family of her aunt, Mrs. Rosa Guthrie, to the ground.

The apartment is located on the second floor of a building owned by the defendant and at the time the plaintiff was injured was occupied by her aunt as a tenant of the defendant. Plaintiff's fall down the stairway, and her resulting injuries were caused by a defect in the floor of the balcony or platform, near the head of the stairway.

There are two apartments on the second floor of defendant's building. At the time the plaintiff was injured, one was occupied by her aunt; the other was vacant. The balcony or platform at the rear of the building was constructed for use by tenants who should occupy both apartments.

There was no evidence at the trial of the action tending to show that the defendant, when she rented one of the apartments to plaintiff's aunt, retained control of the balcony or platform, or agreed to keep the same in good repair. Evidence offered by the plaintiff showed that defendant had declined to repair the floor of the balcony or platform when requested to do so by plaintiff's aunt.

At the close of the evidence for the plaintiff, defendant moved for judgment dismissing the action as of nonsuit. The motion was allowed and plaintiff excepted.

From judgment dismissing the action, the plaintiff appealed to the Supreme Court, assigning as error the judgment.

Generally in absence of express stipulation, landlord owes no duty to tenant to keep premises in repair.

Appeal from Superior Court, New Hanover County; Williams, judge.

Cleves M. Symmes, for appellant.

Stevens & Burgwin, of Wilmington, for appellee.

Action by Mary Lilly Edwards Williams, by her next friend, E.D Williams, against Mary Ida Strauss. From a judgment dismissing the action, the plaintiff appeals.

Affirmed.

This is an action to recover damages for personal injuries suffered by the plaintiff, a child five years of age, when she feel down...