CAREY v. MALLEY


327 Mass. 189 (1951)

97 N.E.2d 645

CATHERINE CAREY vs. CHARLES A. MALLEY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 14, 1951.


Attorney(s) appearing for the Case

E.J. Duggan, for the plaintiff.

W.F. Henneberry, for the defendant.

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


SPALDING, J.

In this action of tort the plaintiff seeks compensation for personal injuries caused by a fall on ice which the defendant was allegedly under a duty to remove.

A summary of the evidence most favorable to the plaintiff is as follows: At the times here material the defendant as trustee of a real estate trust controlled an apartment house on Glenville Avenue in the Allston section of Boston. The building, which contained numerous apartments, had...

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