BARNARD, P.J.
This is an action for damages for injuries received by the plaintiff when he fell down some stairs in an apartment house. The accident happened about 1 p.m. on July 1, 1951. The plaintiff and his wife entered the lobby of the building on the way to their apartment, which was down one floor. The plaintiff testified that he observed some luggage in or near the elevator, which he usually used, and decided to go down the stairway. He had previously used...
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