Merryfield v. Boston Edison Co.

Adlow, G. J.

Action of tort in which the plaintiff seeks to recover for personal injuries sustained in a fall into an open manhole due to the negligence of the defendant. The defendant pleaded a general denial and contributory negligence on the part of the plaintiff.

There was evidence tending to show that the plaintiff while walking in a southerly direction on the westerly side of Washington Street in Boston at 2:00 p.m. on November 14, 1965, reached the corner of Temple Place; that at the time the sun was shining and that he intended to cross Temple Place and continue in a southerly direction…