Gaffney v. William Filene's Sons Co.

Bolster, C. J.,

This is an action of tort for injuries cans-, ed by a fall on a stairway in the defendant’s store. This is not a report of “a case” but of the refusal to make specific rulings. While a number of requests for rulings were filed, the defendant has here argued the refusal of those numbered five, six and seven. We, therefore, treat as waived the refusal of No. 3, dealing with the plaintiff’s due care. The fifth request deals with a situation in which a foreign substance may have been placed on the stairs by a stranger, which the defendant knew or should have known of and failed to…