Whalen v. Railway Express Agency, Inc.

The plaintiff, an employee of the defendant, was hurt, while at work on the defendant’s premises, by reason of slipping on a piece of cardboard beneath which was a small piece of ice. In this action of tort the plaintiff neither alleged nor proved that he had given notice in accordance with G. L. (Ter. Ed.) c. 84, § 21. The judge directed a verdict for the defendant, and, in accordance with a stipulation of the parties, reported the case to this court, on the terms that, if his ruling was in error, judgment is to be entered for the plaintiff in an agreed amount, otherwise judgment is to be…