Legal Opinion

Manning v. Sherman

Supreme Judicial Court of Maine

Decided March 31, 1913PublishedCited by 11 opinions

On report. This is an action on the case to recover damages for personal injuries sustained by reason of the negligence of the defendant. The plaintiff, on the 13th day of November, 1911, while in the Rodick Block, so -called, in Bar Harbor, for the purpose of transacting some business opened .an unlocked door at -the end of a recess in the building and walked into a floorless area, and fell into the cellar sustaining the injuries complained of.

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On report. This is an action on the case to recover damages for personal injuries sustained by reason of the negligence of the defendant. The plaintiff, on the 13th day of November, 1911, while in the Rodick Block, so -called, in Bar Harbor, for the purpose of transacting some business opened .an unlocked door at -the end of a recess in the building and walked into a floorless area, and fell into the cellar sustaining the injuries complained of. At the conclusion of the evidence, by agreement of the parties and the consent of the court, the case was reported to the Law Court on- so much of…

1Opinion of the CourtCornish, J.

On November 13, 1911, the plaintiff was injured while in the Rodick block, so called, in Bar Harbor, of which the defendant was lessee under a fifteen-year lease, dated March 1, 1907. It is conceded that, as lessee, the defendant had full charge and control of the premises and stood in the place of the lessor, the owner.

The plaintiff on, the day in question had stepped from the sidewalk on 'Cottage Street into the open recess in the building from which on the right was an entrance into the store occupied by Walls and Brewer; and on the left an entrance into the fire insurance agency of Frank…

2Cases cited3 opinions

  1. Clapp v. LaGrillTennessee Supreme Court · 1899
  2. Mahoney v. LibbeyMassachusetts Supreme Judicial Court · 1877
  3. Handyside v. PowersMassachusetts Supreme Judicial Court · 1887

3Cited by11 opinions

  1. Horton v. HouseTexas Commission of Appeals · 1930
  2. Trimble v. SpearsSupreme Court of Kansas · 1958
  3. Southern Paramount Pictures Co. v. GauldingCourt of Appeals of Georgia · 1919
  4. Leonard v. Standard Lumber Co.Supreme Court of Arkansas · 1938
  5. Magnolia Petroleum Co. v. MelvilleSupreme Court of Arkansas · 1941

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