Case BriefEvidence, Unit 10: words as non-hearsay, silenceStensvaag, 2/14/15Identity of CaseMenard v. Cashman, 55 A.2d 156 (1947)Page 89 of the casebookSummary of Facts/Procedural HistoryA landlord is sued for a slip in fall, liable for negligence based on the amount of tread she had on her stairs. The fact that no one had complained to tenant (landlord’s employee) was deemed inadmissible. Statement of the IssueIs the lack of complaint admissible to establish safety? HoldingIt is hearsay…this case doesn’t make much sense. WE didn’t talk about it in class. ReasoningThe evidence that no one had complained is of pretty weak value, and the witness stated that she did not know of anyone complaining. There is a need for knowledge. (this wasn’t a case of admission by party opponent because the sponsoring attorney belonged to the defendant).
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