MACHADO v. KAPLAN


326 Mass. 615 (1950)

96 N.E.2d 239

MARY MACHADO vs. GUSSIE KAPLAN.

Supreme Judicial Court of Massachusetts, Bristol.

December 29, 1950.


Attorney(s) appearing for the Case

J.C. Donnelly, Jr., for the plaintiff.

F.D. Mone, for the defendant.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & WILLIAMS, JJ.


LUMMUS, J.

Both parties live in Taunton where the plaintiff has been employed as a domestic servant by the defendant. For fifteen years the defendant with her three children has spent the summer in Barrington, Rhode Island, where she owned a summer home. On the ground floor there was a fireplace, which smoked and accumulated soot in the chimney. The plaintiff testified that she saw the defendant clean up the soot twice in 1946.

On August 3, 1946, early in...

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