Marwedel v. Cook
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by- falling down the stairs of a building in Boston owned by the defendants. Trial in the Superior Court, before Pitman, J., who submitted the case to the jury upon the evidence, on the questions of the defendants’ negligence and of due care on the part of the plaintiff, and, after a verdict for the plaintiff, the defendants alleged exceptions. The nature of the evidence appears in the opinion.
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Tort, for personal injuries occasioned to the plaintiff by- falling down the stairs of a building in Boston owned by the defendants. Trial in the Superior Court, before Pitman, J., who submitted the case to the jury upon the evidence, on the questions of the defendants’ negligence and of due care on the part of the plaintiff, and, after a verdict for the plaintiff, the defendants alleged exceptions. The nature of the evidence appears in the opinion. The case was argued at the bar in November, 1890, and after-wards, in June, 1891, was submitted on the briefs to all the judges.
1Opinion of the Court
By the Court.
The following opinion was prepared by Mr. Justice William Alleh, and after his death was adopted as the opinion of the court by a majority of the Justices.
The defendants let offices in their building, retaining control of the halls, entries, stairways, and elevator, which were not let. The plaintiff, while going down the stairs from an office in the building, fell, and was hurt. There was evidence tending to prove that she fell in consequence of the darkness of the stairway. There was no evidence of negligence by the defendants except in not lighting the stairway, and if they…
2Cited by57 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Main v. LehmanSupreme Court of Missouri · 1922
- Gallagher v. MurphyMassachusetts Supreme Judicial Court · 1915
- Wool v. LarnerSupreme Court of Vermont · 1942
- Garland v. StetsonMassachusetts Supreme Judicial Court · 1935
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