146 Mass. 28 | Mass. | 1888
The single exception argued by the defendant is to the refusal of the court to rule “ that on the whole evidence the plaintiff was not entitled to recover under the third count.” It appears that estate No. 5 was owned by the wife of the
The case taken most favorably for the defendant is, that he caused to be opened in a private way a dangerous pitfall, into which the plaintiff, while rightfully using the way with due care, fell. The ruling was right. Exceptions overruled.