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KOLESHINSKI v. DAVID

328 Mass. 276 (1952)

103 N.E.2d 262

ANTONIO KOLESHINSKI vs. ABRAHAM DAVID & another.

Supreme Judicial Court of Massachusetts, Middlesex.

January 9, 1952.

Attorney(s) appearing for the Case

F.G. Lichtenstein, for the plaintiff.

D.H. Fulton, for the defendant Sally David.

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

RONAN, J.

This is an action of tort to recover for personal injuries alleged to have been sustained by the plaintiff on March 3, 1947, when the end of one of the floor boards of the front piazza of a single dwelling house, which was owned by the defendant Sally David and occupied by the plaintiff, broke off and split. The original count of the declaration was waived and a new count was added during the trial subject to the...

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