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Mattison's request, there is no evidence that its agents became Miss O'Neil's servants for that purpose, or that the town acted in any capacity other than as an independent contractor, or a municipality carrying out its duty to keep the streets passable. Miller, supra; Abell v. The order in each case is Exception overruled. Mattison offered to pay. Argued February 7, Lane testified that "it was the iron of the drain," and "the slant and the ice there" which caused her to fall.


This duty however related only to the premises which the decedent possessed or over which she had control. Manchester Housing Authority, N. Lane with a reasonably safe place to work. The evidence does not admit of a finding that the plaintiff's work place included the public street. Mattison offered to pay. Miller, supra; Abell v. The case of United States F. Newsletter Sign up to receive the Free Law Project newsletter with tips and announcements. Argued February 7, Lane to bring some bakery goods to the house when she came on duty the next afternoon, and furnished her funds with which to purchase them. Lane, was employed as a practical nurse to care for the defendant's intestate, Miss O'Neil, a woman who according to the evidence "had hardening of the arteries" and whose "mental condition was very bad. The argument that the decedent failed to provide the plaintiff with a reasonably safe place to perform the work which she was hired to do is not supported by the record. The order in each case is Exception overruled. Lake Spofford Hotel, N. Although the taxi driver offered her assistance, she declined it. As to the abutting street, the decedent's duties were confined to exercising reasonable care to see that activities conducted on her premises, or conditions allowed to exist thereon, posed no threat to users of the public way. Prior to January 10, , the nurses working at Miss O'Neil's had found it necessary, in order to gain access to the house from the street, to reach the main sidewalk by means of a driveway to an adjoining house, and then to proceed by the main sidewalk to a walkway to a side door of the O'Neil house. Portsmouth Hospital, N. Her view of the path was obscured by what she was carrying, and as she took two steps to enter the pathway her foot slipped and she fell in the street with her feet in the pathway. Lane did so as an invitee, to whom Miss O'Neil owed the duty of taking reasonable care to see that the premises were reasonably safe. If it might be inferred that the path was cleared by "the town" pursuant to Mrs. Accordingly there is no occasion to consider the contention that Mrs. Again, however the record does not support the contention. Her taxi stopped in the street just short of the end of the path, and the plaintiff undertook to enter the path toward the sidewalk, carrying her "nurse's bag," and three boxes of bakery products tied together with string. McDonough orally , for the defendant. Lane testified that "it was the iron of the drain," and "the slant and the ice there" which caused her to fall. Decided June 30,


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28.08.2018 at 10:12 pm

Although the taxi driver offered her assistance, she declined it. Lake Spofford Hotel, N.

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