Nichols v. Pope

This is a suit in equity brought by the administratrix de bonis non of the estate of Samuel G. Nichols. The defendant demurred to the plaintiff’s bill. From an interlocutory decree sustaining the demurrer and from a final decree dismissing the bill the plaintiff appealed. The facts alleged in the bill in substance are these: The plaintiff’s intestate was mortally injured on January 4. 1923. by falling through an opening in an elevator shaft in a building leased to the defendant’s intestate by reason of the negligence of the defendant’s intestate in failing to protect that opening by an…