Elwell v. Town of Athol

This is an action of tort for personal injuries incurred by the plaintiff on August 23, 1945, by falling on a sidewalk of Canal Street, a public way in the town of Athol, at a place where a driveway leads westerly across -the sidewalk along the northerly side and to the rear of the N. D. Cass Company factory. The jury having returned a verdict for the plaintiff, the case is here on the exception of the defendant to the denial by the judge of the defendant’s motion for a directed verdict.

The evidence in substance was as follows. At the place where the plaintiff fell, the sidewalk, which was…