Angevine v. Hewitson
Massachusetts Supreme Judicial Court
Tort for personal injuries received from falling down the elevator shaft of a dumb-waiter in the back hallway of an apartment house owned and controlled by the defendants. Writ dated June 6, 1918. In the Superior Court the action was tried before Morton, J. The material evidence is described in the opinion.
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Tort for personal injuries received from falling down the elevator shaft of a dumb-waiter in the back hallway of an apartment house owned and controlled by the defendants. Writ dated June 6, 1918. In the Superior Court the action was tried before Morton, J. The material evidence is described in the opinion. The judge ordered a verdict for the defendants and reported the case for determination by this court, it being stipulated that judgment should be entered on the verdict if his ruling was right, and, if the case should have been submitted to the jury, judgment should be ■entered for the…
1Opinion of the CourtPierce, J.
This is an action of tort to recover damages for physical injuries sustained by the plaintiff on May 2, 1918, and caused by falling down a dumb-waiter well in a hallway used by tenants of the defendant Rachel S. Hewitson, the control thereof remaining in the landlord. At the close of the evidence before a jury, the presiding judge on motion ordered a verdict for the defendants,' with, the stipulation that final judgment is to be ^entered for both the defendants on the verdict if the ruling and *127direction was right; but if the case should have been submitted to the jury, judgment is to be…
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