Bearse v. Fowler

This is an action of tort or contract brought by a paying guest at the defendant’s motel. The declaration as amended is in two counts. The first alleges that the defendant was negligent in the maintenance of the premises, the second that there was a breach of an implied contract to maintain them in a safe and suitable condition, as a result of which the plaintiff suffered personal injury. The exceptions argued here are to the direction of a verdict for the defendant and to the exclusion of opinion evidence offered through a master plumber called by the plaintiff as an expert.

There is evidence…