Mitchell v. Legarsky

The plaintiff and the defendant Mary Legarsky are sisters-in-law. Upon July 3, 1945, the defendant invited her to come to her house and do some sewing. There was no suggestion that she was to be paid for this service, and at a pre-trial hearing it was decided that she was not an employee of the defendant. There was evidence that the plaintiff fell down a flight of steps from the defendants’ piazza when she caught her toe in a torn piece of linoleum at the edge of the top stair. The Trial Court ruled that the plaintiff, at the time of her injury, occupied the status of an invitee and charged…