135 Mass. 414 | Mass. | 1883
The true question to be determined in this case was whether the defendant had failed to exercise ordinary care and diligence to put and keep the Music Hall in a reasonably safe condition for persons coming there under the circumstances stated. The first portion of the instruction given substantially covered this issue. If the defendant had been guilty of negligence in this respect, in consequence of which the hall was in an unsafe condition on the evening when the plaintiff received her injury, its knowledge or ignorance of the defect was immaterial; and the additional instruction that the plaintiff must satisfy the jury, in order to recover, “ that the defendant knew that the construction was faulty or defective,” cannot be supported as a rule of law applicable to the case. See cases cited by the plaintiff, and Francis v. Cockrell, L. R. 5 Q. B. 501, 508.
The defendant, however, contends that the error, if any, was cured by the further instruction, that “ if the superintendent of the Music Hall, in the employ of the defendant, knew all about the hall and its construction, and was there present in charge that evening, in view of the premises and the lights, as the evidence tended to show, that is sufficient knowledge to render the defendant liable.” Our difficulty in coming to this conclusion is, that the defendant’s knowledge was treated as a material fact, to be determined by the jury under the instructions. The statement that the evidence tended to show facts sufficient to charge the defendant with knowledge, is not equivalent to saying that the
Since, for the above reasons, the exceptions must be sustained, we do not enter upon a consideration of the further question, raised by the plaintiff, whether the ruling, that it would be sufficient if the construction conformed in its methods to methods now approved as good and safe by the best mechanics and architects, had the effect to withdraw the question of reasonable safety and fitness from the jury, and to substitute the opinions of experts. Exceptions sustained.