Menard v. Cashman

One of the proprietors of the Plaza Beauty Parlor testified that nobody had ever complained to her of any defect in the stairway and that she had never known any of her patrons to slip or trip on the stairs. Plaintiffs’ counsel is of course correct in his contention that since the witness was not the defendant’s agent, notice to her was not notice to the defendant, and the fact that complaints were or were not made to the witness would therefore be inadmissible on the issue of the defendant’s knowledge or ignorance of the alleged defect. See Howe v. Jameson, 91 N. H. 55, 56. On the other…