Fortin v. City of Gardner

Fortin brings this action to recover for injuries resulting from a fall on Main Street in Gardner on *437February 1, 1961. The city claimed an exception to the denial of its motion for a directed verdict. After a verdict for Fortin, the trial judge reported the case, expressing uncertainty whether “an actionable defect existed . . . and . . . whether . . . [Fortin] was, as a matter of law,” guilty of contributory negligence. The evidence is stated in its aspect most favorable to Fortin.

Fortin was sixty-seven years old at the time of the accident. He was employed in Gardner. On the day of the…