[DOWNLOAD] "Crafts v. Mccobb" by Supreme Judicial Court of Massachusetts ~ Book PDF Kindle ePub Free

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eBook details

• Title: Crafts v. Mccobb
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 24, 1939
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

DONAHUE, Justice. The plaintiff seeks to recover damages for injuries received by her on December 19, 1932, as the result of a fall on a formation of ice on a sidewalk adjoining premises owned by, and under the control of, the defendant, at the junction of Ivy and Mountfort streets in the city of Boston. At the close of the evidence introduced by the plaintiff the defendant rested. There was a verdict for the plaintiff. The defendant's exceptions here presented are to the denial of her motions for a directed verdict and for the entry of a verdict under leave reserved, to the denial of requests for rulings and to the admission of certain evidence. The following general description of the defendant's premises is taken from the bill of exceptions. The building thereon is a four-story apartment house, 'flat iron' in appearance and located between Ivy and Mountfort streets where they meet at an angle like the letter V. The building is set back about eight or nine feet from each street and the end of the building which is toward the junction of the two streets is about twenty-five feet distant from the inner edge of the sidewalk at the junction. The other end of the building abuts on an adjoining building. The open space between the building and the junction of the two streets is a grass-covered area or lawn triangular in shape, but rounded at the junction. The widest part of this open triangular area is about twenty-eight feet across from street to street. The lawn also extends along the front and the rear of the building. The lawn was substantially level, but was an inch or two higher than the sidewalk where the sidewalk adjoins it. Extending all around the outer edge of the lawn, next to the sidewalk, was a single row of shrubs, about a foot and a half high, spaced a few inches apart, and set in a bed of loose dirt, referred to in the testimony as a 'hedge bed,' which was about eighteen inches wide. The dirt was 'hoed up' around the roots of the shrubs, forming a ridge of earth in the middle of the hedge bed so that the bed was higher in the middle than on each side. The portion of the hedge bed next to the lawn was lower than the lawn.

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