Lemoine v. Ago

This is an action to recover damages for the personal injuries allegedly sustained by the plaintiff in consequence of the defendant’s negligent maintenance of a wooden hand rail on her property. The trial judge allowed the defendant’s motion for a directed verdict at the close of the plaintiff’s case before the jury. The plaintiff has appealed that ruling.

The relevant facts presented to the jury, viewed in the light most favorable to the plaintiff, Providence & Worcester R.R. v. Chevron U.S.A. Inc., 416 Mass. 319, 321 (1993), are as follows. On November 15,2003, the plaintiff exited the…