Dilworth v. Boston Garden-Arena Corp.

Exceptions overruled. This is an action of tort for injuries sustained by the plaintiff, a patron, when he slipped and fell because of an accumulation of waxed paper cups and liquids spilt therefrom in an aisle of the defendant’s sports arena. The case was heard upon the report of an auditor whose findings were not final and upon oral evidence before a judge without a jury. The auditor found that the defendant was negligent and that the plaintiff was not guilty of contributory negligence. The judge found for the plaintiff in the sum of 81,118.87 in accordance with the report. He properly…