Legal Opinion

Cook v. McGillicuddy

Supreme Judicial Court of Maine

Decided November 15, 1909PublishedCited by 6 opinions

On motion and exceptions by defendant. Action on the case to recover damages for personal injuries sustained by the plaintiff in falling down a flight of unrailed and unlighted stairs in the defendant’s boarding house. Plea, the general issue.

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On motion and exceptions by defendant. Action on the case to recover damages for personal injuries sustained by the plaintiff in falling down a flight of unrailed and unlighted stairs in the defendant’s boarding house. Plea, the general issue. Verdict for plaintiff for $394. During the trial the defendant requested the presiding Justice to instruct the jury "if when the plaintiff came to the head of the stairs it was so dark that he could not see he ought not to have proceeded without a light and to do so was of itself contributory negligence.” The requested instruction was refused and the…

1Opinion of the CourtCornish, J.

Motion to set aside a verdict for the plaintiff in an action on the case for personal injuries sustained in falling down a flight of unrailed and unlighted stairs in defendant’s boarding house. There is little conflict of evidence on the material facts which are as follows: The defendant at the time of the accident was the lessee of the second and third stories of a building in North Jay used by him as a boarding house, the first story being occupied by stores. The smoking and dining rooms were situated on the second, the sleeping rooms of the boarders on the third floor. The stairs leading…

2Cases cited1 opinion

  1. Campbell v. AbbottMassachusetts Supreme Judicial Court · 1900

3Cited by6 opinions

  1. Pruitt v. TimmeSupreme Court of Oklahoma · 1959
  2. Scholl v. BelcherOregon Supreme Court · 1912
  3. Harrod v. BaggettSupreme Court of Oklahoma · 1966
  4. Hillman Hotel, Inc. v. McHaleySupreme Court of Alabama · 1948
  5. Meserve v. Allen Storage Warehouse Co.Supreme Judicial Court of Maine · 1963

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