Kitson v. Hearn & Son, Inc.

The infant plaintiff’s action for damages is predicated upon defendant’s negligence in failing to properly guard a sidewalk opening or stair well appurtenant to its premises. When in normal condition the opening was covered by an iron grating. Ingress to the basement was had by lifting up the grating on its hinges and descending by means of a flight of stairs.

The grating consisted of two parts, one directly over the stairs, and the other at the opposite end of the opening. The accident occurred by reason of the latter part of the grating being raised. When in this condition the opening at the…