Davis v. Bean

The plaintiff sues for personal injuries received by her as the result of a fall alleged to have been caused by defective linoleum at the top of stairs in a building owned and controlled by the defendant to which the plaintiff had gone to inquire about the hiring of a tenement.

The case turns upon what, if any, invitation was extended by the defendant to the plaintiff. The evidence most favorable to the plaintiff was this: The defendant lived at 572 *136Essex Street, Lynn. She advertised in a local paper, “Five room flat to let, heated, . . . apply at 572 Essex Street.” The plaintiff saw the…