Gorman v Wills [1906] HCA 84

764 HIGH COURT (1906.

(HIGH COURT OF AUSTRALIA.]

GORMAN AND ANOTHER . ' A . APPELLANTS ;

DEFENDANTS, AND WILLS AND WIFE. . oo... RESPONDENTS. ; PLAINTIFFS, -

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A. Negligence—Dangerous condition of staircase on business premises—Liability of

1906. lessee—Hffect of covenant by lessor to keep in repair—Invitation to customers to eS use staircase—Insnficient lighting —Lvidence—Admissibility. Sypvey,

The defendants were lessees of the ground and first floors of a building

Dee. 6, 7, 10, . : ne 6, 7, 10, tr samt ah Lite robe elec ae ie pnrrou ate che lohnatnees enc Ratoni eae mtn

-— communication between the two floors on the premises was by a staircase eee leading from a room on the ground floor, but the lease authorized the lessees Isaacs JJ. to use another staircase in an adjoining building for access to their premises

above the ground floor. The building consisted of more than two floors but it did not appear whether the other floors were occupied or not. The lease, which contained a covenant by the lessees to keep the premises in repair, did not in terms include the stairease in the building. This staircase was used daily by the lessees and their servants, 'The female plaintiff, having called to see the lessees on business, was invited by one of their servants to go from one floor to another by the staircase, and, while doing so, she tripped on one of the steps, fell down, and was injured. Immediately afterwards part of the lead covering upon the step where she had fallen was found to have been

pushed out so as to project beyond the edge of the step.

The plaintiffs brought an action for negligence against the lessees to recover damages for the injuries the female plaintiff had sustained in the fall. 'The defendants denied the negligence and denied that the stairease was in their possession or control. There was no direct evidence as to the condition of the lead on the step immediately before the accident, but some evidence was given that the staircase was insufficiently lighted.