Wood v. Danas
Massachusetts Supreme Judicial Court
Tort for personal injuries, received on March 11, 1916, while the plaintiff was in the defendants’ employ and caused by her falling backward down a flight of stairs because a step, which was below her, was missing therefrom. Writ dated March 25, 1916. In the Superior Court the case was tried before Morton, J. The material evidence is described in the opinion.
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Tort for personal injuries, received on March 11, 1916, while the plaintiff was in the defendants’ employ and caused by her falling backward down a flight of stairs because a step, which was below her, was missing therefrom. Writ dated March 25, 1916. In the Superior Court the case was tried before Morton, J. The material evidence is described in the opinion. At the close, of the evidence, the judge ordered a verdict for the defendants and reported the case to this court for determination, stating in the report, "On the foregoing evidence, subject to the plaintiff’s exception, I ruled that…
1Opinion of the CourtCarroll, J.
The plaintiff entered the defendants’ employ
in November, 1915. She was injured March 11, 1916. In the room where she worked there was a flight of steps which she had been directed by the defendants to use. “The tread of one of said steps near the bottom was missing,” she was injured by reason of this defect, which existed when she began to work for the defendants and which was open and obvious.
The plaintiff testified, that about a month before the injury complained of, she reported to the defendant Charles Danas that the step was gone, and he replied “he was going to fix those steps for her;”…
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