O'BRIEN v. Myers

In this action of tort Laura O’Brien (plaintiff) seeks to recover for injuries sustained from a fall in the defendants’ home on December 6, 1963. Her husband seeks consequential damages. Counts for gross negligence having been waived, the case was submitted to the jury on the counts for negligence. Verdicts were returned for the plaintiff and her husband, which were recorded under leave reserved. Thereafter the judge, on motion, entered verdicts for the defendants subject to the exceptions of the plaintiff and her husband. In determining the correctness of this action the same test is applied…