Callahan v. Boudreau

In this action of tort the judge directed a verdict for the defendants, subject to the plaintiff’s exception. Exceptions were also alleged to certain exclusions of evidence by the judge having to do with the status of the plaintiff on prior visits to the home of the defendants.

There was evidence of the following. The defendants issued an express invitation to the plaintiff and his family for dinner at the defendants’ home. Following dinner and while the plaintiff was “lying upon ... [a] couch watching television,” James Boudreau (the defendant) asked the plaintiff to “come on up to the roof…