Messina v. Richard Baird Co.

These are the defendant’s exceptions to the denial of its motions for a directed verdict and for a verdict under leave reserved. The jury, taking the evidence most favorably for the plaintiffs, could have found facts as follows: The minor plaintiff (hereinafter called the plaintiff), a girl seven or eight years of age, was injured on March 31, 1953, when she tripped and fell in passing through the rear doorway of the house in Revere owned by her parents in which she lived with her family. The plaintiff tripped on a piece of wood, a two-by-four, which had been nailed to the threshold by a…