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P, wife, was injured while attempting to descend an unlighted stairway controlled by D and maintained for the common use of her tenants. P was an invitee of a tenant. The linoleum stair covering was badly torn, loose, and full of holes, a condition known to D. P lighted a match before stepping from a stair covered with the defective linoleum and stumbled or tripped and fell to the foot of the stairway. There was no other means of egress available to P who sought to leave the premises to return to her home. She did not wait for the tenant to bring a light. She proceeded over an unlit stairway. Both Ps showed resulting damage. P was unable to state specifically what caused her to stumble; did she slip on loose linoleum, or did she catch her foot on torn linoleum or in a hole in the stair covering? D contended that if the plaintiff, who knew and could see what she was doing, could not tell the jury what caused her to fall, how could a jury answer this question without speculation, conjecture, or guessing? The court issued a directed verdict for D, and Ps appealed.

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