Rosenthal v. Central Garage of Lynn, Inc.

The plaintiff, who kept his automobile in the public garage of the defendant, fell on about the third step of a stairway leading from the second to the first floor of the building and received injury. The declaration alleges that the stairway was unsafe “by reason of the worn and slippery condition of the metal treads thereon and by the accumulation of oil, grease or other slippery substance.” At the close of the evidence the trial judge directed a verdiet for the defendant and the plaintiff’s exception to that ruling is here presented.

There was evidence from which it could be found that the…