Belmonte v. Capodilupo

This is an action of tort for death in which the plaintiff had a verdict which was recorded under leave reserved. Thereafter, subject to the plaintiff’s exception, the judge entered a verdict for the defendant. The case comes here by report and the only question for decision is whether there was a case for the jury. See Berwick & Smith Co. v. Salem Press, Inc. 331 Mass. 196.

The evidence was as follows: The defendant was the owner of property at 91 Prince Street, Boston, which consisted of two five story multiple dwelling units. The units, originally separate, had been joined by a ground floor…