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SIMONS v. MURRAY REALTY, INC.

330 Mass. 194 (1953)

112 N.E.2d 264

MILDRED H. SIMONS & others vs. MURRAY REALTY, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

May 1, 1953.

Attorney(s) appearing for the Case

Richard A. Kaye, for the plaintiffs.

Sydney Berkman, (Paul L. Laskin with him,) for the defendant.

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

COUNIHAN, J.

This is an action of contract or tort in which four plaintiffs seek to recover for damage to their automobiles resulting from the collapse of part of the roof of a garage owned and controlled by the defendant. The bill of exceptions sets it out as an action of tort and the plaintiffs in their brief contend that the collapse of the roof was caused by the negligence of the defendant in permitting snow to accumulate...

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