320 Mass. 371 | Mass. | 1946
This is an action of tort to recover for injuries sustained by falling into an allegedly negligently unguarded hole in a greenhouse belonging to the plaintiff’s employer where the defendant, a contractor, was engaged in construction work. The jury returned a verdict for the plaintiff. The only question relates to the denial of the defendant’s motion for a directed verdict.
We summarize the evidence most favorable to the plaintiff as well as we can from a record which in some respeqts is obscure and ambiguous. The plaintiff was foreman for the Butterworth company, florists, with greenhouses in Framingham. He had been in its employ for many years, was next in rank to Butterworth, and was the active man doing the mechanical and physical work around the greenhouses
We do not find it necessary to analyze with niceness the nature of the duty owed to the plaintiff by the defendant, as we are of opinion that as matter of law the plaintiff cannot recover because of his own negligence which contributed to his injuries. “Where from the facts which are . . . indisputable, or shown, by evidence by which the plaintiff is bound, only one rational inference can be
Exceptions sustained.
Judgment for the defendant.