TREMBLAY v. DONNELLY

No. 4945.

103 N.H. 498 (1961)

ALICE TREMBLAY v. JOHN J. DONNELLY & a.

Supreme Court of New Hampshire.

Decided November 30, 1961.


Attorney(s) appearing for the Case

Craig & Craig and Arthur J. Costakis (Mr. Costakis orally), for the plaintiff.

Booth, Wadleigh, Langdell, Starr & Peters (Mr. Peters orally), for the defendants.


DUNCAN, J.

The plaintiff, a widow aged sixty-five when the accident occurred, was the only witness to the events which gave rise to this action. From the plaintiff's evidence the following facts could be found: As she entered the building at the rear, she slipped and fell upon a pear on the porch. It was dark at the time, and there was no light by which the porch could be illuminated. A pear tree on adjoining premises owned by a third party was so situated with reference...

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