Early v. Lowe

Riley, Judge:

This is an action of trespass on the case, brought by James M. Early, a guest at the hotel of the defendant, Homer Lowe, to recover damages for personal injuries sustained by him in a fall from an elevated concrete platform at the side entrance to the hotel. The plaintiff prosecutes this writ of error to a judgment sustaining a demurrer to his amended declaration and dismissing the action.

The amended declaration, consisting of two counts, alleges that the defendant owned and operated a hotel known as the “Lowe Hotel”, located on the westerly side of Main Street at the…