Dean v. Murphy
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff on November 10, 1894, by reason of a defect in a set of wooden steps or stairs attached to a tenement house owned by the defendant, of whom the plaintiff was a tenant. At the trial in the Superior Court, before Dewey, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, the nature of which appears in the opinion.
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Tort, for personal injuries occasioned to the plaintiff on November 10, 1894, by reason of a defect in a set of wooden steps or stairs attached to a tenement house owned by the defendant, of whom the plaintiff was a tenant. At the trial in the Superior Court, before Dewey, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, the nature of which appears in the opinion. The case was argued at the bar in September, 1897, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtBarker, J.
We do not understand from the bill of exceptions that the court excluded any direct testimony that the steps were defective before or at the time when the plaintiff met with her accident. She testified that the step was loose. Her son testified that the steps were all right when she moved into the tenement, and that he knew that they were loose just before she was hurt, and that he noticed they were loose about two months before she was hurt. Mrs. Wilson, the witness who was not allowed to answer the question whether or not she had fallen on the same step in the same manner before the…
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- Rodde v. NolanMassachusetts Supreme Judicial Court · 1933
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