Lindahl v. Sullivan

In this action in tort the plaintiff seeks damages for injuries sustained *864when he fell on a patch of ice on a public sidewalk adjacent to the defendant’s premises. In his opening the plaintiff’s counsel said he would prove that as a result of a broken drain pipe on the defendant’s house, “when it rained during the winter time, water would naturally flow down the drain pipe and . . . discharge onto the public sidewalk” where it would freeze in cold weather. The case is here on the plaintiff’s exception to an order of the judge directing a verdict for the defendant on the opening, after…