McDONALD v. YOGEL


329 Mass. 492 (1952)

109 N.E.2d 136

MARY E. McDONALD vs. ZELDA YOGEL, trustee.

Supreme Judicial Court of Massachusetts, Middlesex.

November 28, 1952.


Attorney(s) appearing for the Case

Samuel B. Mannos, for the defendant.

John J. Mackin, for the plaintiff.

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


COUNIHAN, J.

This is an action of tort for personal injuries on account of negligence of the defendant. In answer to a motion for specifications the plaintiff alleged that the "defendant, in violation of his duty to plaintiff, maintained the common area in his control, to wit: the lower outside front step, in a broken, dangerous and defective condition and/or failed to maintain proper lighting in said area in accordance with his contractual and/or legal duty." It...

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