Borman v. United Merchants Realty & Improvement Co.

Citations

• 264 Pa. 156
• 107 A. 682
• 1919 Pa. LEXIS 612

Syllabus

<p>Negligence — Landlord and tenant — Stairway—Cause of action —Pleading—Demurrer.</p> <p>In an action to recover damages for personal injuries, the statement of claim averred that the defendant was a lessee of a building used for business purposes, and that all the rooms were sublet to several tenants occupying them; that a way of access to the upper floors was provided by an entrance from the front by a passage between two of the stores on the street, leading into an open area way where there was a stairway to the upper floors; that a tenant of one of the stores, by permission of defendant, constructed a stairway from the area to the cellar underneath his store for his convenience, closing it, however, against general use by a door in the area thus shutting it off; that about six o’clock of a February evening, plaintifE having occasion to visit a tenant on the second floor entered the open area, and in attempting to find the stairway leading up, was misled by a light above the transom of the door leading into the cellar way, entered this and fell down the stairs and was injured. The statement did not show the relative position of the two stairways, or the character of the door to the cellarway, or whether there was a door to the other stairway. There was no averment that the entrance to the cellarway was improperly located, designed or constructed. Held, (1) that defendant was not responsible for the accident; (2) that there was no duty upon him to maintain a danger sign, as he was out of possession; (3) that the averments of the statement showed no cause of action and (4) that judgment was properly entered for defendant on an affidavit of defense in the nature of a demurrer.</p>