O'Brien v. Harvard Restaurant & Liquor Co.

In this action for personal injuries sustained by the plaintiff from a fall on a stairway on premises of the defendant where alcoholic beverages were sold to be consumed on the premises, the defendant excepts (1) to the refusal of the judge to charge the jury that the plaintiff was a licensee and not an invitee on the part of the premises where the accident happened, and (2) to the instruction actually given that the plaintiff was an invitee. The principal question is whether the judge could rightly instruct the jury as matter of law that the plaintiff was an invitee upon the stairs.

There was…