Wojcik v. Cadillac Berkshire Co.

• Decision Date: 03 June 1926
• Citation: 256 Mass. 317,152 N.E. 326
• Parties: WOJCIK v. CADILLAC BERKSHIRE CO.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

256 Mass. 317

152 N.E. 326

WOJCIK

v.CADILLAC BERKSHIRE CO.

Supreme Judicial Court of Massachusetts, Berkshire.

June 3, 1926.

Exceptions from Superior Court, Berkshire County; C. T. Callahan, Judge.

Action by Walter Wojcik against the Cadillac Berkshire Company. On defendant's exception to denial of its motion for directed verdict. Exceptions sustained.C. H. Wright, of Pittsfield, and W. J. Donovan, of Adams, for plaintiff.

M. B. Warner, of Pittsfield, for defendant.

PIERCE, J.

This is an action in which the plaintiff seeks to recover damages for injuries caused by falling through an opening in a floor in a small room used as an entrance to the boiler room of the defendant's garage situated on the east side of North street, in the city of Pittsfield. At the close of the evidence the defendant duly presented a motion in writing that a verdict be ordered for the defendant. The motion was denied.

Stating the facts, as the plaintiff contends the jury properly could have found upon the evidence, it appears in substance that the plaintiff and his brother on Christmas Day, 1922, between 4 and 5 o'clock in the afternoon, while motoring through Pittsfield discovered that a bolt was needed for the Oakland car the plaintiff was driving. On the easterly side of North street in Pittsfield stood a garage and salesroom owned and conducted by the defendant. The sign ‘Cadillac Berkshire Company’ appeared upon the office window facing North street. In the display window was an automobile. There was an entrance to this part of the garage through a door opening directly from North street. There was a driveway for automobiles from North street, running easterly along the northerly side of the building and entering the defendant's garage, where motor vehicles were cared for, through large doors with a small door therein. On the southerly side of the driveway near the large door there was a door which, among other uses, was used as an entrance to the boiler room in the basement of the building, where was located the boiler and heating apparatus for the defendant's building and garage. This door opened into a small room, about four by six feet, from which there was an entrance to the cellar.

The plaintiff stopped and parked his car on the westerly side of the street opposite the defendant's garage. It was dark at the time. There was no light in the front part of the building. The plaintiff walked along the driveway to the garage, opened the driveway doors and saw a light in the garage. There was a man, Norden, about the middle of the garage, fixing or cleaning a car. The plaintiff asked this man to sell him a bolt. Norden said nothing, but continued to work upon the automobile for a little while, the plaintiff meanwhile waiting; then Norden turned and said, ‘Come on.’ Norden went to the corner of the garage and picked up a little box and said, ‘Come with me,’ and the plaintiff went with him to the doorway above described, near the large door to the garage. Norden then said, ‘You come up in the office; * * * you come up here so we can get in the...