Hunnewell v. Haskell
| Decision Date | 29 November 1899 |
| Parties | HUNNEWELL v. HASKELL. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
D. T. Devoll, for plaintiff.
J. F. Jackson and R. P. Borden, for defendant.
If the court can see that there has been no breach of duty on the part of the defendant, an allegation of negligence will not entitle the plaintiff to go to the jury. There is no duty on the part of a shopkeeper to give warning of the presence of an ordinary flight of stairs in broad daylight, or to guard the necessary access to it, even if there is a crowd in his shop. The sides of the opening were guarded. Every one who is on an upper story knows that there probably are stairs from it somewhere, and must look out for them. See Richardson v. City of Boston, 156 Mass. 145, 30 N.E. 478; Pinney v. Hall, 156 Mass. 225, 30 N.E. 1016. The case is different from that of a hole in the floor which commonly is covered, and which is of a kind not to be expected. Therefore Hendricken v. Meadows, 154 Mass. 599, 28 N.E. 1054, and Drennan v. Grady, 167 Mass. 415, 45 N.E. 741, cited by the plaintiff, do not apply. Neither does Currier v. Association, 135 Mass. 414, where, according to the evidence the darkness made the depression invisible.
Exceptions overruled.
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Gibson v. Consolidated Credit Corp.
...the perfectly obvious; for example, the existence of a flight of stairs in a store--even though it be a crowded shop. Hunnewell v. Haskell, 174 Mass. 557, 55 N.E. 320, 7 Am.Neg.Rep. 53. Of what avail is it to post a sign on steps saying to one who approaches 'This is a flight of steps,' or ......
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Standard Oil Co. v. Franks
... ... precautions are necessary where the danger is obvious and ... unconcealed, or known to the person injured." ... Hunnewell ... v. Haskell, 174 Mass. 557, 55 N.E. 320; Hart v ... Grennell, 122 N.Y. 371, 25 N.E. 354; Accousi v ... Furniture Co. (Tex.), 87 S.W. 861; ... ...
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Garner v. Atlantic Greyhound Corp., 380
...provided the dangerous condition is obvious. Mulkern v. Eastern S. S. Lines, 307 Mass. 609, 29 N.E.2d 919. ' See also Hunnewell v. Haskell, 1899, 174 Mass. 557, 55 N.E. 320. As to the failure of to provide handrails, under the facts and circumstances of the case the defendant was under no d......
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Dooley v. Econ. Store, Inc.
...Calvert v. Springfield Light & Power Co., 231 Ill. 290, 83 N.E. 184, 14 L.R.A.(N.S.) 782, 12 Ann. Cas. 423. See, also, Hunnewell v. Haskell, 174 Mass. 557, 55 N.E. 320. In the circumstances shown neither the lack of a railing nor the defect in the stairs, standing alone, constituted actiona......