McIntosh v. Greenway Apartments, Inc.
McIntosh v. Greenway Apartments, Inc.
Opinion of the Court
Appellant slipped and fell one morning as she was descending the stairway in the apartment house where she lived. She sued appellee corporation, her landlord, for negligently maintaining the safety of the common stairway. At the close of her case the trial court directed a verdict in favor of the landlord. Appellant claims that her evidence warranted submission of the issue of negligence to the jury.
Appellant’s evidence showed that after she fell, and was helped back to her apartment by her roommate,
As appellant could not prove that the banana peel had been dropped by, or that its presence had come to the notice of, any of the landlord’s employees, it was incumbent upon her to prove that the peel had been upon the step long enough to give the landlord constructive notice of its potential danger to tenants. Brodsky v. Safeway Stores, Inc., 80 U.S.App.D.C. 301, 152 F.2d 677, affirming this court’s decision in 41 A.2d 514. The Brodsky case dealt with a customer in a store, but the requirement of notice is equally applicable to a landlord. Lord v. Lencshire House, Ltd., 106 U.S.App.D.C. 328, 272 F.2d 557, and cases there cited.
We disagree. Appellant’s argument assumes, without any proof to that effect, that the peel was of a light color when first dropped on the step and that it remained there long enough to darken. That is a possibility, but it is also possible that the peel had darkened before it was dropped. It could have been dropped from another tenant’s trash receptacle a few minutes before appellant fell.
Appellant’s case at its best shows only that she slipped on a banana peel on the stairway and fell and was injured. Without some proof, direct or circumstantial, of how the peel came to be on the step or how long it had remained there, a jury could find liability -on the part of the landlord only by guess and conjecture; and guess and conjecture will not support a verdict. Kenney v. Washington Properties, Inc., 76 U.S.App.D.C. 43, 128 F.2d 612, 146 A.L.R. 1.
Affirmed.
. The roommate was not a witness at the trial.
. See also Annotation, 25 A.L.R.2d 364, 429.
. See also Windham v. Atlantic Coast Line R. Co., 5 Cir., 71 F.2d 115; Livingston v. Atlantic Coast Line R. Co., 4 Cir., 28 F.2d 563; McBreen v. Collins, 284 Mass. 253, 187 N.E. 591. But see Williamson v. F. W. Woolworth Co., 237 Miss. 141, 112 So.2d 529.
Reference
- Full Case Name
- Helen McINTOSH v. GREENWAY APARTMENTS, INC.
- Status
- Published