Desautels v. Cloutier

This is an action of tort at common law for personal injuries received by the plaintiff while in the employ of the defendants. At the trial in the Superior Court, at the close of the plaintiff’s evidence, the judge ruled that the action could not be maintained, and directed a verdict for the defendants. The case is before us on the plaintiff’s exceptions.

The defendants were the proprietors of an ice business, and had an ice house divided by partitions into compartments or rooms, each about fifty by seventy-five feet in extent. The partitions, according to the plaintiff’s testimony, were about…