Flynn v. Garber

This is an action of tort to recover damages for personal injuries sustained by the plaintiff and allegedly caused by the defendants’ negligence in the maintenance of premises owned and occupied by them. The defendants’ answer included a plea of assumption of the risk. The jury returned a verdict for the plaintiff and the judge on motion, under leave reserved, entered a verdict for the defendants. The action comes here upon the plaintiff’s exception to the entry of the verdict for the defendants and upon exceptions of the defendants to portions of the judge’s charge. In the course of argument…