Whittaker v. Town of Brookline

These are three actions of tort to recover compensation for personal injuries sustained in circumstances set forth below. The actions are brought by the same plaintiff against the town of Brookline, the Brookline Trust Company and Cyril ,C. Reynolds, doing business as Milton F. Reynolds & Son, respectively. The cases come before us on the plaintiff’s exception to the action of the judge in allowing the defendant’s motion in each case for a directed verdict.

The evidence in its aspect most favorable to the plaintiff would have warranted the jury in finding the following facts: On November 28,…