Milano v. Wasserman

The defendant, in November, 1921, was carrying on a bakery business at 97 Salem Street in Boston. He held the entire building under a lease, and was in control of the stairway which led from the street level down to the door of his bakeshop in the basement.

The declaration alleged that the plaintiff was injured “in the act of going down said stairway into said store ... on account of the negligence of the defendant in the maintenance of said stairway, and on account of the dangerous and defective condition of said stairway . . . that the plaintiff’s injuries were caused wholly by the…