Marsden v. Eastern Gas & Fuel Associates

On November 8, 1969, the plaintiff was injured when the automobile in which she was a passenger went into a ditch off a certain private way in the city of Everett, known as Beacham Street or Beacham Way. The plaintiff alleged that the defendant Eastern Gas & Fuel Associates (a) controlled Beacham Street, (b) had a duty to keep an maintain the way in a safe condition, and (c) failed to do so. The defendant’s motion for a directed verdict was denied, and the jury returned a verdict for the plaintiff. The defendant’s motion for a judgment notwithstanding the verdict was subsequently denied.…