Jennings v. Tompkins
Massachusetts Supreme Judicial Court
Tort for injuries by reason of a fall caused by the plaintiff catching his heel on a nail protruding from a step in an aisle of the gallery of a theatre under the management and control of the defendant. Writ dated May 27, 1899. In the Superior Court, G-askill, J. directed a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtLoring, J.
The plaintiff in this case had purchased a seat in the fourth row of the gallery in the defendant’s theatre, and while walking down the wooden steps of the aisle to go out, he fell and seriously injured his knee. He testified that he felt the stair give slightly, that his heel caught and that he fell face downwards. The plaintiff also introduced evidence that the tread of the stair in question was made of a seven eighths inch board; that it did not project beyond the riser on which it rested; that it was worn thin by use, and that there was a nail protruding about one sixteenth of an inch;…
2Cited by27 opinions
- Sneckner v. FeingoldMassachusetts Supreme Judicial Court · 1943
- Pastrick v. S. S. Kresge Co.Massachusetts Supreme Judicial Court · 1934
- Shwartz v. FeinbergMassachusetts Supreme Judicial Court · 1940
- Labrie v. DonhamMassachusetts Supreme Judicial Court · 1923
- Solomon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1931
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