Waltemath v. Western States Realty Co.

DORAN, J.

Plaintiff sued for damages for personal injuries sustained by her due to a fall, at night, upon an unlighted stairway of the apartment building where she. was a tenant. The defendants Miller, O’Connor, Dean and Bartholomew were the manager, assistant manager, maid and janitor, respectively, of the apartment building and the employees of defendant Western States Realty Company, the owner. The jury found for the plaintiff, against the Western States Realty Company, and for the other defendants above named. The defendant corporation appeals.

The complaint alleges and the answer admits that Miller, as manager, “had full and complete charge of said premises and was responsible for the condition thereof and for the maintenance thereof in a good and safe condition”; that defendant- O’Connor was also charged with such responsibility in the absence of Miller; that the maid and janitor were “engaged in the business of cleaning the halls and stairways and keeping the same in a clean, safe and usable condition”; that on the night in question “the hallways were wholly unlighted by any means and dark and, that the hallway along

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side of the rear stairs and leading to the rear stairway was not artificially lighted, as required by law, and that defendants allowed such darkened condition to continue for a long period o.f time; that said hallway and stairs were maintained by the defendants and each of them for the use of the occupants of said apartment house”. The requirements of the Tenement Housing Act, section 66, of Act 8548, General Laws, with respect to lighting of apartment houses were alleged; also that defendants negligently allowed a piece of carpet adjacent to the stairway, to be loose, curled and broken and in a greasy and slippery condition, over which plaintiff tripped or slipped and fell down the stairs.

Appellant contends, first, that because the complaint alleged, and the answer admitted, that the defendants Miller and O’Connor had full and complete charge of the premises and were responsible for the condition thereof and the maintenance thereof in a good and safe condition and that the jury found in favor of these defendants, such finding exonerated the defendant owner; second, that plaintiff was guilty of contributory negligence.