Neagle v. Morgan
Neagle v. Morgan
Opinion of the Court
This is an action of tort brought here on the defendants’ exceptions to the denial of their motion for a directed verdict, to the refusal of the judge to give instructions to the jury as requested by them, and to the instructions given to the jury. In her amended declaration, the plaintiff alleged that she was injured by the negligent failure of the defendants to exercise reasonable care to keep their premises safe for her use as a business invitee. The plaintiff testified that, while employed by the defendants to look after their children in their absence, their pet bird lit on her face, and that, startled, she stepped back, fell, and fractured her hip. She also testified that she previously had been told by the codefendant Mrs. Morgan that the bird would not be out of its cage. The codefendant Dr. Morgan testified that his family often let the bird out of its cage, that the bird, as a habit, would land on one’s person, and that the bird might startle people if they were not aware of it flying around the house. He testified that there was no lock on the cage, although he was aware that one could be purchased. There was also testimony that one of the Morgan children had released the bird prior to the accident. Reasonable care to keep the premises safe for the plaintiff from harm caused by animals is within the scope of the duty owed to her as a business invitee by the defendants. Goodwin v. E. B. Nelson Grocery Co. 239 Mass. 232, 234. Cruickshank v. Brockton Agricultural Soc. 260 Mass. 283, 284. Andrews v. Jordan Marsh Co.
Exceptions overruled.
Reference
- Full Case Name
- Marjorie Neagle v. Richard Morgan & another
- Status
- Published