Briggs v. New Bedford Amusement Co.

The jury returned a verdict for the plaintiff in her action of tort to recover damages for personal injuries. Thereafter, under leave reserved, the trial judge allowed a motion for entry of a verdict for the defendant. G. L. (Ter. Ed.) c. 231, § 120. The plaintiff’s exception to the allowance of this motion presents the only question. -

The jury could have found that the plaintiff and her sister were invitees in the defendant’s theatre. They occupied adjoining seats, the plaintiff’s sister sitting next to the aisle. As they were leaving, the sister stepped into the aisle, leaving her seat…