Kelley v. Goldberg

This is an action of tort to recover compensation for personal injuries sustained by the plaintiff and consequential damages. The case was referred to an auditor who made findings of fact. The plaintiff’s motion for judgment was allowed and the defendants excepted.

The motion for judgment was allowed rightly. See Ballou v. Fitzpatrick, 283 Mass. 336.

The auditor found that on December 1, 1928, the plaintiff sustained personal injuries when, in attempting to get into a *81parked automobile, she fell into a greasing pit on premises leased to the defendants, “used- as a gasoline filling station and a…