Tremblay v. Donnelly

The plaintiff, a widow aged sixty-five when the accident occurred, was the only witness to the events which gave rise to this action. From the plaintiff’s evidence the following facts could be found: As she entered the building at the rear, she slipped and fell upon a pear on the porch. It was dark at the time, and there was no light by which the porch could be illuminated. A pear tree on adjoining premises owned by a third party was so situated with reference to the porch that pears would fall upon the pitch roof of an adjoining barn and be deflected to the defendants’ porch near the rear…