299 Mass. 317 | Mass. | 1938
The plaintiff testified that in 1932, when she was a girl of ten, she fell when she caught her left heel on a metal nosing on the edge of a step while attending a performance at the defendant’s theatre; that “the metal nosing was pulled away from the nail and the nail hole was empty and several nails were loose on each side”; that “the metal was pulled forward about three-quarters of an inch and the part of the step where it was pulled away was on her right, the side the banister was on”; that “it looked worn, thin at edge, jagged and dull just the part where she fell”; and that “the nosing was fastened with small nails having small heads.” Another witness testified that the plaintiff had her right hand on the “banister.”
There was evidence of a defect, even though there was no evidence of the height in inches or fractions of an inch to which the nosing projected above the step. It caught the plaintiff’s heel, which was a low one. The jury had the right
Exceptions overruled.