Charity v. Yates

This is an action of tort to recover for personal injuries sustained by the plaintiff “while diving from a wharf on . . . premises” let by the defendant. The plaintiff moved to amend his declaration by adding a count in contract. This motion was denied. The defendant filed a motion for a directed verdict which was allowed. The case is before us on the plaintiff’s exceptions to the denial of his motion to amend and to the allowance of the motion for a directed verdict.

We summarize the evidence most favorable to the plaintiff. The plaintiff rented from the defendant one half of a furnished…