HARRIS v. ELLIS REALTY, INC.


350 Mass. 520 (1966)

215 N.E.2d 797

WILLIAM HARRIS vs. ELLIS REALTY, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

April 5, 1966.


Attorney(s) appearing for the Case

Sturtevant Burr for the defendant.

James N. Gabriel for the plaintiff.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, SPIEGEL, & REARDON, JJ.


CUTTER, J.

Harris seeks to recover for injuries suffered when he fell to the sidewalk from a metal fire escape (at the level of the floor above the street floor) through a hole in the platform of that fire escape. This hole gave access to a vertical ladder to the sidewalk. The case is before us upon exceptions to the trial judge's refusal to direct a verdict for the defendant (Ellis) and to enter a verdict for Ellis under leave reserved. The evidence is stated in...

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