Berg v. Prager

Headnote

Negligence — tenement houses — permitting debris from fire to remain on stairs — tenant injured from slipping and falling downstairs.

Berg v. Prager, 219 App. Div. 783 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first- judicial department, entered March 4, 1927, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff, a girl fourteen years of age, while walking downstairs in defendant’s tenement, where she resided, slipped at the top of the steps leading from the street level and, falling, sustained the injuries complained of. There was evidence that as the result of a fire that had occurred in the building six days prior to the accident, the landing and stairs were covered with debris, charred wood, wet pieces of wall paper and water.