Peay v. Reidy

This action was originally brought against Maurice F. Reidy, the defendant’s intestate, to whom we will refer as the defendant. On February 21, 1942, the plaintiff was injured by falling into an elevator well in a building on Foster Street in Worcester owned by the defendant. There was a verdict for the plaintiff, and the defendant excepted.

The defendant’s building was three stories in height, with a basement, and was rented to a number of tenants. The defendant retained control of the elevator, which, it could be found, was in general operated by one White, an employee of the defendant.…