169 Mass. 544 | Mass. | 1897
The first, third, and fourth requests for instructions were rightly refused. The jury might find from the plaintiff’s testimony that the defendants’ superintendent had virtually promised to look out for him while he was picking up the paper in the elevator well; and if such promise had been given, the plaintiff was entitled to go to the jury upon the questions of negligence on the part of the superintendent, of due care on his own part, and of his assumption of the risk. Davis v. New York, New Haven, & Hartford Railroad, 159 Mass. 532, 535.
A more doubtful question arises upon the second request. This request does not touch the question of the plaintiff’s due
The fifth request was also properly refused. Although there was no distinct proof of the amount of the expenses of sickness or medical attendance, yet, in view of the evidence as to the physician’s services, the jury might allow a reasonable sum. In a proper case, even unascertained future expenses may be allowed for. Turner v. Boston & Maine Railroad, 158 Mass. 261, 267.
Exceptions overruled.