Campbell v. Abbott

• Decision Date: 18 May 1900
• Citation: 57 N.E. 462,176 Mass. 246
• Parties: CAMPBELL v. ABBOTT.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

176 Mass. 246

57 N.E. 462

CAMPBELL v. ABBOTT.

Supreme Judicial Court of Massachusetts, Suffolk.

May 18, 1900

COUNSEL

Jos.

O. Burdett and F. M. Forbush, for plaintiff.

Charles R. Elder, for defendant.

OPINION

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 the nighttime, in the discharge of his duty, and was injured by falling down an elevator well, which was left unguarded in violation of a statute. It differs, also, from Gordon v. Cummings, 152 Mass. 513, 25 N.E. 978, 9 L. R. A. 640, where a letter carrier, also in the discharge of his duty, in attempting to enter a building in the nighttime, mistook an unguarded elevator well, which opened upon the street, for the main entrance to the building, and stepped into it, and was injured. Exceptions overruled.