Opinion
Decided April 5, 1924.
An action to recover for personal injuries received by falling through an open trap-door into the basement of a potato house owned by the defendants and in which the plaintiff had potatoes stored, it being claimed by the plaintiff that the trap door was negligently permitted by the defendants to remain open in a dimly-lighted room through which he was invited to pass in reaching the room, on floor, where his own potatoes were stored.
The jury found for the plaintiff. The case comes before this court on a motion for a new trial on the usual grounds. The only grounds urged by the defense in support of their motion are that the plaintiff was not an invitee in passing through the room in which the trap door was located, and that in leaving it open, if he did, the servant of the defendant was not acting within the scope of his employment at the time.
Both grounds involved questions of fact which were submitted to the jury, presumably under proper instructions, as no exceptions are presented here. An examination of the evidence does not disclose that the jury were not warranted in their findings. Motion overruled.
W. B. Peirce and C. W. H. M. Hayes, for plaintiff.
Fellows Fellows, for defendant.