Reitano v. City of Haverhill

This is an action of tort to recover compensation for personal injuries, sustained by the plaintiff as a result of the alleged negligence of the “defendant or the person in its service entrusted by it with the duty of superintending the work” upon which the plaintiff was assisting when he was injured. At the close of the evidence the defendant filed a motion for a directed verdict, which *119the judge allowed subject to the plaintiff’s exception. In directing the jury to bring in a verdict for the defendant the judge stated, in substance, that he was doing so solely because, as matter of law, a…