Latus v. Boston Elevated Railway Co.

By the Court.

The plaintiff, both in direct and redirect examination, specified “the fifth, sixth, or seventh steps from the bottom” of stairs in a station of the defendant as those by reason of the slippery condition of which he contended that his injuries resulted. He was bound by this definite statement. There was nothing else in his testimony or in the evidence to shake its force. He was bound by it. Sullivan v. Boston Elevated Railway, 224 Mass. 405. His further testimony that the ice on the stairs was “about five feet from the bottom, up” was not a modification of his clear description…