CROWELL v. McCAFFREY


377 Mass. 443 (1979)

386 N.E.2d 1256

RICHARD H. CROWELL vs. FREDERICK McCAFFREY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 6, 1979.


Attorney(s) appearing for the Case

William H. Shaughnessy for the plaintiff.

Richard H. Pettingell for the defendant.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & LIACOS, JJ.


BRAUCHER, J.

The plaintiff was the tenant of the third-floor apartment in a three-family house in Dorchester owned by the defendant. He sued for damages suffered when the railing of the third-floor porch gave way. At the close of the plaintiff's case, the judge directed verdicts for the defendant. The plaintiff appealed from the resulting judgment, we allowed his application for direct appellate review, and we now reverse. We hold that there was a case for the jury...

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