Law Students

From The ?Please Tell Me This Is A Dream? File

By Casebook Sherpa

This is from our Torts reading for tonight. Make sure you test the floor of the Port-O-John next time…

The case for the plaintiffs was that they were tenants of the defendant, which controlled the house wherein they lived and also the adjoining house, and provided a detached privy for the use of both houses; that Mrs. Rush having occasion to use this privy, went into it and fell through the floor, or through some sort of trap door therein, descended about nine feet into the accumulation at the bottom, and had to be extricated by use of a ladder. The defendant denied that there was any pit at all, and claimed the floor was only about nine inches above solid ground.

Rush v. Commercial Realty Co., 145 A. 476 (1929 (emphasis added).

Full post as published by Fight The Hypo on March 13, 2008 (boomark / email).