King v. Compton

Henderson, J., delivered the opinion of the Court. This is an appeal from a judgment of $450 in favor of the appellee (plaintiff) in the Circuit Court for Anne Arundel County for personal injuries sustained as a result of a fall at the entrance to premises rented by the ³⁶⁵ appellant to the appellee’s husband. The case was tried before the court and a jury. The chief question presented is whether the court erred in refusing the appellant’s prayer for a directed verdict (on which the court reserved decision) and in denying the appellant’s motion for judgment n. o. v., on the ground of a failure to establish primary negligence.

The premises in question were rented to the appellee’s husband, Donald Compton, on or about January 1, 1943, for $15 per month, and occupied by Compton, his wife, and three children and his sister-in-law. Apparently there is, or was, a fruit stand on the ground floor in the front of the building. The only entrance to the demised premises, comprising the whole second floor, is at the rear of the building, where the ground rises and there is a ramp alongside the rear wall, leading to an open wooden platform that gives access to the entrance floor. This platform is about three feet from the ground.

It appears that this second floor was at one time used as a vegetable loft. The ramp and platform were installed so that vegetables could be moved to and from the loft by wheelbarrow. On December 26, 1945, while leaving the premises, the appellee fell from the ramp and broke her leg. Donald Compton testified that at the time he rented the premises from the appellant, nothing was said by either party about repairs.

On September 1, 1945, he asked King about repairing the “porch” and “showed him where [it was] pulling loose from the house.” King said he would “bring some concrete block down and block it up,” that “it would be all right [to use] until he got it fixed.” King did not repair the porch until some time after the accident. The place where his wife fell was “right on the step where you step off the porch, the step gave way from underneath and she went down.” The platform did not fall away from the house. There is just one step from the platform down to the ramp, which is “slanting from the porch to the ground and it is on a big block.” He did not see his wife fall; he was inside the premises at the time. ³⁶⁶ Ocie Compton testified that the accident happened when she “stepped off of the step and it just broke and threw me out in the yard.” The step “looked like it rotted down.” The stringer underneath broke loose and let the ramp down. The platform did not break, it was the ramp from the platform to the ground that gave way.

The platform and ramp were wet but not covered with ice, although the ground was “icy.” She knew that the platform was loose from the house but “the step I thought was all right.” She “stepped off the platform down on the ramp when something gave way.” Her husband and another man carried her up the ramp into the house. She further testified that she spoke to King on December 1, when he came for the rent. She told him: “If you don’t fix that porch I am afraid it is going to fall and hurt somebody.” He said: “I think it will be all right, I will be down in a few days and fix it.” She did not call his attention to the ramp. The appellant denied ever making any promise to repair the premises.

He admitted, however, that in November, 1945, Compton spoke to him about the platform, and King told him he could not see where it