Daniels v. Timmons

April 21, 1950. This suit is in behalf of James Carroll Daniels who was a minor fifteen months of age at the time of his injury. The complaint alleges that the child and his parents were tenants of the defendant, and occupied an apartment on the second floor of the apartment house owned and leased by the defendant. In said building, there are twenty-five or more apartments, twelve of which are on the second floor and four on the third floor. There was a second floor porch at the end of the hall on the front of the building, which was under the control and possession of the defendant, and this porch was for the common use of several tenants. This porch had a banister railing around it and several wickets or uprights were missing on the front part, so that there was an opening which was left unguarded and dangerous.