Stapleton v. Cohen

The sole question presented by the bill of exceptions in this action of tort for negligence is whether, viewing the evidence in light most favorable to the plaintiff (Mazzaferro v. Dupuis, 321 Mass. 718, 719), the judge was in error in denying the defendant’s motion for ¡a directed verdict.

The plaintiff had been employed as a domestic since August, 1960, by the Hurwitz family, who occupied a suite as tenants at will in an apartment building owned and maintained by the defendant’s testator at 85 Winchester Street, Brookline. On April 4,1961, the plaintiff suffered injuries when she fell in a…