Negligence, Of one controlling real estate, Matter of conjecture, Fall from unexplained cause.
In an action for personal injuries sustained on a winter day by reason of a fall caused by slipping on a step, alleged to have been defective and dangerous, leading to a door of the defendant's house which the plaintiff was invited by the defendant to enter, where there is no evidence that the step was defective in any way and the only evidence bearing on the cause of the injury is the testimony of the plaintiff, "I felt this slipperiness of something. My foot slipped sideways on something," there is nothing to warrant an inference that the defendant was negligent.
BY THE COURT.
The plaintiff slipped as she was going on a December day at the invitation of the defendant up the steps to a door of the defendant's house. The only testimony bearing upon the cause of the injury was that of the plaintiff to the effect that as she fell "I felt this slipperiness of something. My foot slipped sideways on something." There is no evidence in the record to show that the steps were defective in any respect. There is nothing whatever to warrant an inference that the defendant was negligent. Norton v. Hudner, 213 Mass. 257. Zugbie v. J. R. Whipple Co. 230 Mass. 19. Jameson v. Boston Elevated Railway, 193 Mass. 560, 562.
Exceptions overruled.