WHALEN v. SHIVEK


326 Mass. 142 (1950)

93 N.E.2d 393

ELIZABETH B. WHALEN, administratrix, vs. JENNIE SHIVEK & another (and two companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

June 13, 1950.


Attorney(s) appearing for the Case

J.W. Lobdell, for the defendants Shivek and another.

D.H. Fulton, for Rossano Construction Company, Inc.

L. Brown, (W.P. Cunningham with him,) for Modern Die & Machine Company.

J.S. McKenney, (J.N. Esdaile with him,) for the plaintiff.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & COUNIHAN, JJ.


SPALDING, J.

Shortly after three o'clock on the afternoon of January 7, 1946, William B. Whalen, the plaintiff's intestate, was killed when a number of large stone blocks, forming the parapet of a building, fell on him as he was walking along the sidewalk on Hancock Street in the Dorchester section of Boston. His administratrix brings these actions against the owners of the building, Jennie Shivek and Jennie Vershbow (hereinafter called the owners); the tenant thereof...

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