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Campbell v. Abbott

Michael J. Campbell v. Lewis F. Abbott

Campbell v. Abbott, 57 N.E. 462 (Mass. 1900)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
May 21, 1900
Judges
Lathrop
Citations
57 N.E. 462176 Mass. 2461900 Mass. LEXIS 898
Headnotes
Personal Injuries occasioned by falling down Cellar Stairs — Due Care. A person who, entering a building where he never has been before, without knocking or ringing a bell, finds himself in darkness, and instead of waiting where he is and endeavoring to attract the attention of the family, or retreating, chooses to try to find his way, and while so doing falls down the cellar stairs, is not in the exercise of due care.
Summary
Tout, for personal injuries sustained by the plaintiff on November 3, 1896, by reason of a fall occasioned by the alleged defective, dangerous, and improper construction of a flight of stairs and the entrance thereto, in a building owned by the defendant. Trial in the Superior Court, before Hardy, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Lathrop

Text extracted by OCR from a scanned original; check the original for exact wording.

•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 night time 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 , where a letter carrier, also in the discharge of his duty, in attempting to enter a building in the night time, 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1902: 11903: 11909: 11912: 11916: 11919: 11920: 11926: 11947: 119022026peak 1902 · 1

Relies on it most ⓘ

  1. Costello v. Farmers Bank157 N.W. 982 (N.D. 1916)
  2. Gibson v. Gernat267 F. 305 (D.D.C. 1920) · Dissent
  3. Gleich v. Detroit Free Press135 N.W. 306 (Mich. 1912)
  4. Benton v. Watson121 N.E. 399 (Mass. 1919)
  5. Humphreys v. Portsmouth Trust & Guarantee Co.68 N.E. 836 (Mass. 1903)
  6. Burke v. Crimmins152 N.E. 43 (Mass. 1926)

Most recent

  1. Smith v. Simon's Supply Co.76 N.E.2d 10 (Mass. 1947)
  2. Burke v. Crimmins152 N.E. 43 (Mass. 1926)
  3. Gibson v. Gernat267 F. 305 (D.D.C. 1920) · Dissent
  4. Benton v. Watson121 N.E. 399 (Mass. 1919)
  5. Costello v. Farmers Bank157 N.W. 982 (N.D. 1916)
  6. Gleich v. Detroit Free Press135 N.W. 306 (Mich. 1912)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Parker v. Barnard, 135 Mass. 116 (1883) 67
Gordon v. Cummings, 9 L.R.A. 640 (Mass. 1890) 53

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