This negligence action was tried by a jury on the issue of liability. The plaintiff alleged personal injuries as a result of falling down a flight of stairs due to a defective step. Constructive notice was alleged in the bill of particulars, and when one of the plaintiff's witnesses, Rafael Torres, testified to what amounted to actual notice, the court properly directed the jury to disregard it. During their deliberation, the jury requested a reading of this excluded testimony...
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