McCarthy v. Goodrum

The only exception is to the refusal to rule that as a matter of law the finding must be for the defendant. Two boards had dropped below the level of the others in the floor of a common passageway in the cellar of a house in which the plaintiff hired a tenement from the defendant, with the result that the boards gave way and the plaintiff’s foot became wedged between those boards and the adjoining board, so that she fell. When her tenancy began, two years before, the floor was in a good condition.

The only question arises out of the admitted facts that for about a week before the accident the…