Brooks v. Eliot Savings Bank

This is an action for personal injuries sustained by the plaintiff when he fell upon a piece of iron pipe in the cellar of a building of the defendant. The judge directed a verdict for the defendant subject to the stipulation that if the plaintiff’s exceptions should be sustained a “verdict” for the plaintiff for $400 should be entered. The case is here upon the plaintiff’s exceptions to the direction of the verdict.

The evidence most favorable to the plaintiff tended to prove the following facts. The plaintiff had been employed *160as janitor by the former owner of the building, and as such…