Stratis v. McLellan Stores Co.

The plaintiff brought an action of tort against the defendant to recover damages for personal injuries sustained on December 8, 1938, as the result of a fall on a stairway on the defendant’s premises and within its control. The judge of the District Court found for the plaintiff, denied certain requests of the defendant for rulings, and ruled that the plaintiff was not precluded from recovering by reason of the provisions of G. L. (Ter. Ed.) c. 152, § 18. Upon report, the Appellate Division found that there was prejudicial error in the denial of the defendant’s third request and in the ruling…