Campbell v. Abbott
Massachusetts Supreme Judicial Court
Tout, for personal injuries sustained by the plaintiff on November 3, 1896, by reason of a fall occasioned by the alleged defective, dangerous, and improper construction of a flight of stairs and the entrance thereto, in a building owned by the defendant. Trial in the Superior Court, before Hardy, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the Court
•Lathrop, J.
We find it unnecessary to consider the numerous questions which arise in this case, as a majority of the court is of 'opinion that the plaintiff was not in the exercise of due care. He entered a building where he never had been before, without knocking or ringing a bell. He found himself in darkness, and instead of waiting where he was and endeavoring to attract the attention of the family, or retreating, he chose to try to find his way, and while so doing fell down the cellar stairs.
The case differs from Parker v. Barnard, 135 Mass. 116, where a policeman entered a building in…
2Cases cited2 opinions
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- Gordon v. CummingsMassachusetts Supreme Judicial Court · 1890
3Cited by9 opinions
- Benton v. WatsonMassachusetts Supreme Judicial Court · 1919
- Humphreys v. Portsmouth Trust & Guarantee Co.Massachusetts Supreme Judicial Court · 1903
- Burke v. CrimminsMassachusetts Supreme Judicial Court · 1926
- Costello v. Farmers BankNorth Dakota Supreme Court · 1916
- Cook v. McGillicuddySupreme Judicial Court of Maine · 1909
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