Farber v. v. Creswick

156 A.2d 252 (1959)

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Nature of the Case

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Facts

Husband rented a summer house from D under a written lease such that the house would be thoroughly clean and in good order and repair at the beginning of the lease. D decided to improve his attic and started a do it yourself project prior to Husband's rental. When Husband rented, it was not finished and after a few days from moving in Husband's wife (P) discovered a portion of the attic stairwell was dangerously covered in plasterboard. P stepped on it, and it collapsed causing her to suffer permanent injury. At the close of P's case, the court granted D's motion for dismissal; the agreement was between Husband and D and did not include P, and therefore the wife could not recover for her injuries.