MILLER v. BERK


328 Mass. 393 (1952)

104 N.E.2d 163

MAURICE C. MILLER vs. LAWRENCE BERK (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

February 6, 1952.


Attorney(s) appearing for the Case

W.H. McLaughlin, for the plaintiff.

S.H. Rudman, (J.A. McArdle with him,) for the defendant Berk.

C.C. Petersen, for the defendant Byron.

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


RONAN, J.

These are two actions of tort to recover for personal injuries alleged to have been received by the plaintiff on January 4, 1947, when he slipped on snow and ice as he was walking down the stairway leading to the sidewalk from the front entrance of the premises numbered 362 Commonwealth Avenue, Boston, where he lived. The defendant in each of these two actions is alleged to be the owner and in control of the premises. The judge, subject to the exception...

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