Cumming v. Town of Plymouth

This is an action of tort to recover for personal injuries allegedly sustained due to the negligence of the defendant town in failing to keep in repair or sufficiently railed a sidewalk on Court Street in the town. The case was tried in the Superior Court, and the jury returned a verdict for the plaintiff. The defendant’s motion for the entry of a verdict under leave reserved was allowed. The plaintiffs bill of exceptions is limited to the question whether the judge correctly allowed this motion. The material evidence was as follows. The plaintiff was walking on private property adjacent to a…