159 A. 355 | N.H. | 1932
In support of her motion for a nonsuit the defendant seeks to invoke the rule which prevails in Massachusetts that "The relation of landlord and tenant imposed on the defendant no duty to remove from the steps ice naturally accumulating thereon." Bell v. Siegel,
By its terms the Massachusetts rule has reference only to ice "naturally accumulating"; it does not apply to an "artificial formation of ice" resulting from water "discharged artificially in one place . . . so as to make it dangerous when frozen." For negligence in permitting such a situation to exist the landlord is liable. Watkins v. Goodall,
In the case at bar there was evidence that the accumulation of ice resulted from the drip of water from a piazza roof which overhung the steps; that a so-called water bar installed by the defendant upon this roof for the purpose of diverting the water from the steps was inadequate for that purpose; and that the defendant had employed a janitor to keep the steps clean and apply sand or ashes when they were slippery. Under the law as it has been stated here, the case was plainly for the jury and the same result would be reached by an application of the narrower rule to which reference has been made.
While commenting in argument on the testimony of a physician who attended the plaintiff after the accident and who was called as a witness by her, plaintiff's counsel made the following statements: Mr. Hurley: "Dr. Michou told Mr. Thompson that he wouldn't come in here to court and testify in his favor unless that he had other lawyers," and it "shouldn't be held against my client, because Dr. Michou does not like my partner or does not like myself for some reason or other." To the allowance of this argument the defendant excepted two reasons were given for the defendant's objection to the above argument, (1) that the facts stated were unsupported by the evidence and (2) that the statements of counsel constituted an impeachment of the plaintiff's own witness. Neither of these claims merits extended notice. The statements of fact were sustained by the testimony, and the argument did not offend against the rule that party cannot "directly impeach his own witness." Swamscot Machine Co. v. Walker,
Judgment on the verdict.
All concurred. *416