Stokes v. Old Colony Trust Co.

Stokes, tenant of a basement apartment, seeks to recover from his landlord’s estate for injuries allegedly caused by “the defective condition” of a common stairway. About 10:30 p.m. on May 30, 1964, Stokes left the building by the back door. Two basement hall ceiling lights, “on always,” were not burning. The lower two thirds of the rear stairs get light from one of these. Stokes operated the switch. Nothing happened. About 12:15 a.m. Stokes returned by the front door, and proceeded to the rear stairs Lights were on in the front of the house. He hit his head on a projection, not changed after…