Holcombe
Holcombe v. Burns
Opinion
Opinion
Shea, J.
This is an action for personal injuries sustained as the result of a fall. The facts are not disputed. The only evidence relating to the circumstances of the fall is the testimony of the plaintiff and her husband.
The defendant is the owner of a trailer park in which the plaintiff and her husband resided as tenants for several years. In October, 1956, the defendant was going to be away from the trailer park over the weekend and he requested the plaintiff to “put up the mail’’ for him during his absence. She agreed to do it and arrangements were made for her to obtain the keys to the trailer park office. The task involved sorting the mail and placing it in the individual mail boxes of the tenants in the trailer park. She had assisted the defendant in performing this task on one prior occasion. She was to receive no compensation for the service.
On the morning of the accident the plaintiff, accompanied by her husband, went to the office for the purpose of putting up the mail. When she opened, the office she..diseovéred that the mail was not there. She then recalled that on one prior occasion she had seen the mail in the tool room, so she walked approximately 15 to 20 feet to the…