O'Neil v. Marulli

Plaintiff’s complaint is in three counts. The allegations common to all three counts are as follows: On July 5, 1958, the plaintiff was an employee of the defendants and while on their premises in the course of her employment she suffered injuries to the thumb of her right hand when it was caught in a cupboard or cabinet located on the premises. The second count alleges in effect that the condition of the cupboard or cabinet constituted a nuisance. The defendants demur to that count as on file.

A defective condition, to be actionable as a nuisance, must constitute a public or private nuisance…