Duplis v. RUTLAND AERIE, NO. 1001, ETC.

This is an action in tort to recover damages for injuries suffered by the plaintiff on April 22, 1951 when he tripped and fell on the stairway while leaving the defendant’s premises. The case is here on the plaintiff’s exception to the sustaining of the defendant’s demurrer to the plaintiff’s complaint, the cause having been passed to this court before final judgment, pursuant to the provisions of V. S. 47, §2124.

The causes of the demurrer are that the complaint alleges [1] that the defendant was an unincorporated fraternal beneficiary association and voluntary mutual benefit society; [2]…