Kiernan v. Roman Catholic Church of St. John Evangelist

The evidence presented here would, in my opinion, justify a finding by the trial jury of negligence on part of defendant and freedom of contributory negligence on plaintiff’s part. The plaintiff, a 76-year-old woman, was injured as she descended the exterior stairs of defendant church on leaving same at about 9:00 f.m. on March 19, 1958, after attending Lenten Services therein. Under the evidence, the jury could have found and undoubtedly did find that upon reaching the second step from the bottom, the plaintiff,. because of dimness in lighting upon the steps, mistook this second step from…