Foley v. J. R. Whipple Co.

This is an action of tort to recover for injuries received by falling through a hole in a stairway in premises leased by and in the occupation of the defendant. At the close of the *500evidence the trial judge * directed a verdict for the defendant and reported the case to this court. If the ruling was right, judgment is to be entered for the defendant; if erroneous, judgment is to be entered for the plaintiff in the sum of $1,300.

The question is whether there was any evidence warranting a verdict for the plaintiff, and we think that there was such evidence. The plaintiff was a chambermaid in the…