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VERONICA KEEGAN vs. LOUIS J. RENKAVINSKY ET AL.

In an action to recover damages for injury sustained in a fall on an alleged defective stairway, judgment was required to be rendered for the defendant, where the plaintiff failed to establish that the stairway was not reasonably safe and the evidence indicated that the fall was caused by the manner in which the plaintiff, who was wearing high-heeled shoes, placed her foot upon a tread.

MURPHY, J.

The plaintiff has failed to prove that the stairway upon which she fell was not reasonably safe for use by those who had occasion to use it.

The evidence clearly indicated that her fall was caused by the manner in which she placed her foot upon the tread. Wearing high heels, she stepped too far forward with the ball of her foot over the edge of the tread. The heel was not strong enough to stand the strain; it broke off and she was thrown forward.

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KEEGAN v. RENKAVINSKY
(Nov 7, 1944)