345 Mass. 405 | Mass. | 1963
In this action of tort the judge directed a verdict for the defendants, subject to the plaintiff’s exception. Exceptions were also alleged to certain exclusions of evidence by the judge having to do with the status of the plaintiff on prior visits to the home of the defendants.
There was evidence of the following. The defendants issued an express invitation to the plaintiff and his family for dinner at the defendants’ home. Following dinner and while the plaintiff was “lying upon ... [a] couch watching television,” James Boudreau (the defendant) asked the plaintiff to “come on up to the roof and I will show you how far I am done with my chimney.” To this request the plaintiff acceded and arrived on the roof having climbed up a trellis to which he gained access from a footstool. There
The plaintiff, who was, with his family, clearly only a social guest of the defendants, might have recovered upon proof of gross negligence. Pandiscio v. Bowen, 342 Mass. 435, 437-438, and cases cited. The evidence did not warrant a finding of gross negligence. There was no error ih the exclusions of evidence by the judge to which the plaintiff took exception.
Exceptions overruled.