Roman v. King, 233 S.W. 161 (1921)

Citation: Roman v. King, 233 S.W. 161 (1921)
Parent Document: Roman v. King, 233 S.W. 161 (1921)
Jurisdiction: Missouri (state)
Effective Date: 1921-07-23
Original Source: https://www.courtlistener.com/opinion/3550984/roman-v-king/ ↗

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In this case there is no evidence whatever that in meddling with the step the plaintiff contributed to any extent to the injury. She, testifying for herself, and both the Hogans, witnesses for the defendant upon that question, testified in substance that when plaintiff moved or picked up the step, she put it back as it was before. There is no evidence that it was within her power to mend it. The steps were undemised and in the possession of the owner, subject to the use of both his tenants for the purposes of egress and ingress, and this use he was bound to exercise all reasonable care to make safe, for which his compensation was included in his rental. If he negligently permitted it to become unsafe and that condition was the cause of the injury the fact that she may have attempted to repair it, or picked it up or laid it down without changing its condition, did not lessen *Page 659 
up the back stairs on account of the condition of the front steps." She also said that in December following she found out that one of the front steps was loose. This was the step on which she fell.

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