287 Mass. 400 | Mass. | 1934
This is an action of tort to recover compensation for personal injuries sustained by the plaintiff. There was a verdict for the plaintiff, but the judge, under leave reserved, directed the entry of a verdict for the defendant. The case comes before us on the exceptions of the plaintiff to the direction of the entry of the verdict and to the exclusion of evidence.
The entry of the verdict was directed rightly. The plaintiff — the only witness who testified to the way in which the accident occurred — when leaving the defendant’s store about four o’clock in the afternoon of December 3, 1929, after making some purchases, caught his foot in a rope on a step in front of the entrance door to the store,
There was no error in the exclusion of evidence. The plaintiff was asked, on direct examination, “After you had some talk with the manager that night about your falling, whether or not you saw the boy do anything with reference to a sled that night?” and answered, “He carried it in the back end of the store out of the way.” Upon the defendant’s objection, the question and answer were excluded and the plaintiff excepted. The sled referred to in this testimony was not identified as the sled which caused the accident. And evidence that the defendant’s employee took precautions to prevent future accidents was not evidence of the defendant’s responsibility for the accident which had occurred. Albright v. Sherer, 223 Mass. 39, 42. Morrow v. Otis, 251 Mass. 65, 67-68.
Exceptions overruled.