Garrison v. Daxon
Garrison v. Daxon
Opinion of the Court
Plaintiff’s cause of action on the whole is well pleaded, and I did not readily decide that it is insufficient. It appears to me to be lacking in only one particular. She alleges, in substance, that a rear door of an annex to the apartment she rented from defendant and was occupying was over or adjacent to a cellarway leading to the basement of the apartment house, which cellarway was used by defendant and his agents in getting to the basement to attend to the heating plant situated therein; that one evening the trapdoor leading to the basement was left open. Although the complaint does not say so, the trapdoor apparently was over the cellarway. Plaintiff stepped out in the darkness and fell through the open doorway, thereby receiving the injuries complained of.
Plaintiff pleads that the trapdoor and cellarway were under the control of and operated by defendant, and that it was his
Because of the failure to set up the last-mentioned allegation in the complaint, the demurrer thereto is sustained, and plaintiff allowed 30 days from date to file an amended complaint.
Reference
- Full Case Name
- GARRISON v. DAXON
- Status
- Published