Welch

Plaintiff, a 4-year-old child, sues for injuries sustained when she fell to the bottom of a stairwell behind the apartment house in which she lived. A trial without a jury resulted in a judgment for plaintiff. Defendant’s appeal challenges the sufficiency of the evidence.

Defendant’s premises consisted of an apartment building, behind which was a paved service area. Stairs from the service yard led down to a basement door. This stairwell *752 was protected on two sides by a concrete wall rising about 24 to 30 inches above the level of the yard. There was a pipe railing 20 to 24 inches above the wall. The space between the wall and the railing was open except for the supports at the end and corner of the railing. The premises did not include any playground as such, but the children of the tenants sometimes played in this paved area.

At the time of the accident plaintiff’s mother was hanging out clothes. She heard the child scream, and discovered her lying at the bottom of the stairwell. She was on her stomach, with her head against the bottom step. Plaintiff’s chin was cut and bleeding. X-rays subsequently disclosed a right subcondylar fracture of the mandible.

Although…