316 Mass. 477 | Mass. | 1944
This is an action of tort for personal injuries sustained by falling into a grease pit in the defendant’s automobile service station. The jury found for the plaintiff, and the defendant’s exception to the denial of his motion for a directed verdict raises the questions whether there was evidence of the defendant’s negligence and whether as matter of law the plaintiff was not in the exercise of due care.
The evidence tended to show the following: On June 28, 1940, after 9 p.m. the plaintiff entered the front door of the office of the defendant’s service station, where automobile accessories were for sale, in order to make a purchase. “The attendant was back of the counter and seemed to be busy with papers and did not pay any attention to him, so he looked around, and at the same moment asked him if he had a public rest room, and the attendant told him to go straight ahead, which he did. The direction given him was through a door partly open, an unlighted room.” In this room he “made two or three steps and reached over his head for a light and fell into the grease pit.” There was a carpet the width of the front door which ran directly from the front door in a straight line to the “lube-room” door, and, as appears from photographs admitted in evidence, off to the right from that carpet just before reaching the “lube-room” door there was another carpet leading at slightly more than a right angle about “three steps” to the rest room. After the attendant said, “Straight ahead,” the plaintiff walked approximately twelve feet in the office, which was lighted. He “went in the direction that was a passageway that led straight ahead. . . . Before he came to a door that was directly ahead of him as he was walking, he did not look to his right . . . because he complied with the attendant’s directions.” The unlighted room “seemed very dark to him” coming from the “well lighted” office. “When he
The jury were warranted in finding that the defendant had invited the plaintiff to use the rest room. In that event the defendant owed the plaintiff the duty to use reasonable care for his safety. Jacobsen v. Simons, 217 Mass. 194, 196. O’Brien v. Harvard Restaurant & Liquor Co. Inc. 310 Mass. 491, 494. The defendant rightly does not question the authority of the attendant to speak for him. Denny v. Riverbank Court Hotel Co. 282 Mass. 176. Sokoloski v. Splann, 311 Mass. 203, 206. It could be found that the plaintiff was induced by what the attendant said to go through the wrong door into the lubrication room. Statku
The plaintiff could not be ruled to have been negligent. The jury could find that he reasonably might have expected that the rest room would not be lighted, that, when injured, he was still proceeding reasonably as directed, and that it was not negligent to walk three steps in darkness when he did see something like a dark object in front of him, which he “felt” was a toilet bowl. In the circumstances the plaintiff might be found to have gone forward in the dark without being guilty of negligence. Humphreys v. Portsmouth Trust & Guarantee Co. 184 Mass. 422, 424. See Jacobsen v. Simons, 222 Mass. 449, 450. The jury could conclude that there was conduct by one for whom the defendant was responsible excusing the plaintiff. Marston v. Reynolds, 211 Mass. 590, 592-593. Goldstein v. Slutsky, 254 Mass. 501, 505. Denny v. Riverbank Court Hotel Co. 282 Mass. 176, 181. Cases like Benton v. Watson, 231 Mass. 582, 584, Burke v. Crimmins, 256 Mass. 14, 16, and Lanstein v. Acme White Lead & Color Works, 285 Mass. 328, 332, where the plaintiff was not misled by any act of the defendant, are plainly distinguishable.
Exceptions overruled.