Bernstein v. Highland Associates of Worcester, Inc.

This is an action of tort for personal injuries. The case was transferred from the Superior Court to a District Court where the judge found for the defendant. The case was then tried to a jury in the Superior Court upon retransfer. The plaintiff has taken exceptions to the allowance of the defendant’s motions for directed verdicts at the close of the plaintiffs evidence. The questions presented are whether the plaintiffs injuries resulted from negligence of the defendant in the maintenance of an elevator or from negligence on its part in allowing a defective condition of the elevator to exist.