Chapman v. Title Insurance & Trust Co.

MOORE, P. J.

In this action sounding in negligence judgment of nonsuit is questioned on the appeal.

Plaintiff fell and was injured while lawfully using the common exit of the apartment building of which she was a tenant.

[747]

Basing her action upon the claims that she was free from negligence and that the common facilities of the building were defective and unfit for such use, she sued the proprietors for the damage she had suffered. For the purpose of this appeal the hall and the steps down to the doors, the doors of the exit and the steps on the outside below the doors are deemed common facilities and were under the control of defendants. Having heard and considered all of plaintiff’s evidence the trial court granted defendants’ motion for nonsuit. Plaintiff’s appeal from the minute order is predicated upon the proposition that the evidence introduced on plaintiff’s behalf together

[748]

with all reasonable inferences therefrom entitled her to the jury’s determination.

[747]

[748]

The entire evidence leaves no doubt that plaintiff’s own negligence caused or contributed to cause her injuries. Also, it discloses that defendants were free from negligence. A resume of all of plaintiff’s testimony demonstrates the former; the substance of the testimony of Messrs. McNamara and Woodworth establishes the latter. Those gentlemen testified that the use of stops on the doors in holding them open is a safe condition; that there had never been any trouble or complaint on account of them; that the doors are held open