SARGENT V. ROSS
308 A.2d 528 (1973)
NATURE OF THE CASE: Ross (D), landlord, appealed from a judgment for Sargent (P),
administratrix, on behalf of the deceased tenant. D excepted to the denial of her motions
for a nonsuit, directed verdict, judgment n.o.v. the verdict, and to have the verdict set
aside.
FACTS: D resided in a ground floor apartment and her son and daughter in law occupied a
second story apartment serviced by a stairway. P's four year of daughter fell from the
stairway while under the care of D. At the time of the accident, the child was under the
care of D's daughter in law who was P's regular baby sitter. P sued the daughter in law for
negligent supervision and D for negligent construction and maintenance of the stairway.
There was no evidence of the apparent cause for the fall other than that the stairs were
dangerously steep and that the railing was insufficient to prevent he child from falling
over the side. The jury exonerated the daughter in law but found in favor of P against D. D
excepted to the denial of her motions for a nonsuit, directed verdict, judgment n.o.v., and
to have the verdict set aside.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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