Howe v. Jameson

The defendant’s agent who had been in charge of the hall as its janitor and otherwise for many years was permitted to testify whether he had ever had notice of any accident to anyone from a chair. The evidence was received solely to show his knowledge or ignorance of an accident.

The defendant’s duty to anticipate an accident was in issue. On the issue evidence of ignorance of dangerous conditions was competent in defence. And lack of notice of accidents therefrom to one who would naturally have notice of any occurring was relevant to show his ignorance. Without knowledge of dangerous…