Wright v. Perry
Massachusetts Supreme Judicial Court
Tort for personal injuries from falling into a freight elevator well alleged to have been maintained negligently in an unsafe condition in a building controlled by the defendant. Writ dated March 21,1902. At the trial in the Superior Court Maynard, J. refused to order a verdict for the defendant, and submitted the case to the jury.
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Tort for personal injuries from falling into a freight elevator well alleged to have been maintained negligently in an unsafe condition in a building controlled by the defendant. Writ dated March 21,1902. At the trial in the Superior Court Maynard, J. refused to order a verdict for the defendant, and submitted the case to the jury. The jury returned a verdict for the plaintiff in the sum of $8,500, of which the plaintiff afterwards remitted all in excess of $2,500. The defendant alleged exceptions.
1Opinion of the CourtLathrop, J.
This is an action of tort for personal injuries sustained by the plaintiff, by falling into an unguarded elevator well at 113 Franklin Street, Boston, on January 6, 1902. At *269the trial in the Superior Court the jury returned a verdict for the plaintiff; and the defendant alleged exceptions.
The first two exceptions have not been argued, and we treat them as waived.
The remaining exception is to the refusal of the judge at the close of the evidence to direct a verdict for the defendant. We are of opinion that the judge rightly refused to rule as requested, and that the case was properly submitted…
2Cases cited8 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
- Coupe v. PlattMassachusetts Supreme Judicial Court · 1899
- Drennan v. GradyMassachusetts Supreme Judicial Court · 1897
- Sears v. MerrickMassachusetts Supreme Judicial Court · 1899
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3Cited by20 opinions
- Marston v. ReynoldsMassachusetts Supreme Judicial Court · 1912
- Faxon v. ButlerMassachusetts Supreme Judicial Court · 1910
- Statkunas v. L. Promboim & Son Inc.Massachusetts Supreme Judicial Court · 1931
- Draper v. CottingMassachusetts Supreme Judicial Court · 1918
- McCarthy v. Isenberg Bros.Massachusetts Supreme Judicial Court · 1947
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