Dustin v. Curtis
Supreme Court of New Hampshire
Case, for personal injuries-. Trial at the October term; 1900, of the supreme court before Blodgett, C.- J., and a jury. A non-suit was ordered at the close of the plaintiff’s evidence, and he excepted. - The defendant owned a building occupied by several tenants, and containing a hall which was rented by a lodge of Odd Fellows of which the plaintiff was a member. Whether the lodge was-' an association or a corporation did noi, appear.
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Case, for personal injuries-. Trial at the October term; 1900, of the supreme court before Blodgett, C.- J., and a jury. A non-suit was ordered at the close of the plaintiff’s evidence, and he excepted. - The defendant owned a building occupied by several tenants, and containing a hall which was rented by a lodge of Odd Fellows of which the plaintiff was a member. Whether the lodge was-' an association or a corporation did noi, appear. March 11, 1898, while the plaintiff was attending a meeting of the Rebekah branch of the lodge, he was injured by a fall of plastering from the ceiling. He had…
1Opinion of the CourtBingham, J.
It is clear upon the evidence that the premises upon which the plaintiff was when he received his injury were in the possession and control of a tenant. It is equally clear that the plaintiff was not present at the time as a guest of the defendant, or upon her invitation. The plaintiff claims that he was there as the tenant, or as a guest of the tenant. It is doubtful whether the evidence is sufficiently definite to warrant either conclusion ; but if we assume that the plaintiff was present as a tenant, that one of the terms of the tenancy was that the defendant should make all necessary…
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