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eBook details

• Title: Marston v. Boston Pub. Co.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 02, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

SANDERSON, J. This is a action of tort to recover for personal injuries sustained by the plaintiff in falling down stairs in a house on Montvale Road, Newton, owned by Bertha C. Rose and alleged to be occupied and used by the defendant for the purpose of conducting an exhibition under the title 'Better Homes Exhibit.' The negligence alleged is the failure to keep electric lights burning in a hallway of the house, and the failure to guard a dark and narrow staircase or to warn the plaintiff of its presence. The plaintiff also brought an action against Bertha C. Rose and her husband to recover damages for the same injury. The cases were tried together. The plaintiff at the close of her evidence discontinued her action against the husband, and the jury found for the defendant in the action against Mrs. Rose and for the plaintiff in her action against Boston Publishing Company, which will be referred to as the defendant. The defendant excepted to the admission and exclusion of evidence, to the refusal of the Judge to direct a verdict in its favor, to the refusal to make certain rulings and to portions of the charge. The owner's husband acting for her entered into a contract with the defendant whereby it agreed, provided the furniture could be obtained, to run a better Homes Exhibit on the premises on November 21, 1926, to be open for inspection by the public between 2 and 9 P. M. from November 21 to November 28 inclusive. The owner was to pay the defendant a specified sum in cash for the loan of draperies and a further sum at a later date for advertising received. This agreement provided that the defendant might put into the home and garage such merchandise and salesmen as were deemed by it to be necessary. The contract contained in numbered paragraphs in parallel columns certain obligations undertaken by the parties. Among those assumed by the defendant were the loaning and connecting of two flood lights and the publication of as much advertising as could be sold to subcontractors and merchandisers -- the advertising to run the opening day. In one of the paragraphs the defendant agreed that it would have a man or woman in attendance from 2 to 9 P. M. every day upon payment of $25 in addition to the other payments thereinbefore specified. Following this provision were the words in parentheses 'cross out if not wanted.' By the terms of the agreement the obligations undertaken in behalf of the owner were to pay for gas and current used for all lights, to have the house, windows and grounds clean and neat, to have someone on the property to open and close the home daily providing there is no 'Herald' representative, to have electric and gas meters installed and lighting fixtures and lamps put in working order and to have water turned on. In pursuance of this agreement the defendant obtained advertising for the Boston Herald, and the owners of the real estate and furnishings exhibited gained the advantage of having their property shown to possible purchasers. An advertisement of the Better Homes Exhibit at the Rose house appeared in the Boston Herald on November 21, 1926, which also contained a notice that the home was completely furnished with all the latest modern electrical appliances and would be open for public inspection daily November 21 to the 28th inclusive, from 2 to 9 P. M.

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