SMOLINSKI v. TAULLI

No. 52386.

276 So.2d 286 (1973)

Thomas SMOLINSKI, Sr., Individually and as Administrator of the Estate of his minor son, Thomas Smolinski, Jr., Plaintiff-Appellant-Relator, v. Saverio TAULLI, Defendant-Appellee-Respondent.

Supreme Court of Louisiana.

Rehearing Denied May 7, 1973.


Attorney(s) appearing for the Case

Dufour, Levy, Marx, Lucas & Osborne, Michael Osborne, New Orleans, for plaintiff-applicant.

Nelson, Nelson, Garretson, Lombard & Rothschild, J. Thomas Nelson, Charles C. Garretson, Michael A. Dessommes, New Orleans, for defendant-respondent.


TATE, Justice.

The principal issue of this appeal concerns a landlord's liability, if any, for injuries to a child of a tenant who fell to the ground from the landing of stairs leading downstairs from a first-floor apartment. The allegation is that the upstairs landing and the stairs were unreasonably hazardous for the use of children, in that there was no guard-rail between the hand-rail and the floor level three feet beneath the hand-rail. As a result, it is alleged...

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