Court of Appeals for the First Circuit April 16, 1940, No. 3560 (Sweeny v. Sears)

PER CURIAM.

This is a suit for personal injuries resulting from a fall by the plaintiff on the defendant’s hotel premises. Plaintiff was proceeding along a descending concrete walk leading from the hotel down to the street. There were four steps at intervals in the walk. Plaintiff stepped down the first step, continued on to the second step and “stepped right off on to air”.