O'LEARY v. Bingham

This action of trespass on the case for negligence was brought under the provisions of general laws 1956, chapter 10-7, by an administratrix to recover damages for the death of her intestate alleged to have resulted from the wrongful act of the defendants. The case is here on the plaintiff’s exception to the decision of a justice of the superior court overruling her demurrer to the defendants’ special plea.

The declaration which is in three counts alleges that plaintiff’s intestate died as a result of a fall on a certain common stairway which was hazardous and defective. The defendants filed a…