Mendum v. Massachusetts Bay Transportation Authority

In this action of tort the plaintiff seeks to recover for injuries sustained as a result of a fall while ascending an escalator operated by the defendant Massachusetts Bay Transportation Authority (M.B.T.A.). The plaintiffs exceptions are to the allowance of directed verdicts for the M.B.T.A. and for the defendant Otis Elevator Company which maintained and repaired the escalator under the supervision of the M.B.T.A. The case is before us on the plaintiffs outline bill of exceptions which reveals no evidence of specific acts or omissions constituting negligence on the part of either defendant.…