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SMITH v. AUGUST A. BUSCH CO. OF MASSACHUSETTS, INC.

329 Mass. 615 (1953)

109 N.E.2d 843

JOHN SMITH vs. AUGUST A. BUSCH COMPANY OF MASSACHUSETTS, INC. (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

January 5, 1953.

Attorney(s) appearing for the Case

Timothy J. Murphy, for the plaintiff.

Stuart C. Rand, (Charles F. Choate & Jerome E. Andrews, Jr., with him,) for Ort's Bar & Grill, Inc.

Thomas H. Mahony, for August A. Busch Company of Massachusetts, Inc.

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

RONAN, J.

The plaintiff was injured as he entered the side door of the premises of the defendant Ort's Bar & Grill, Inc., hereinafter called Ort, and fell through a trap door in the floor, the cover to which had been removed by the employees of the defendant August A. Busch Company of Massachusetts, Inc., hereinafter called Busch, in the course of delivering goods. The plaintiff had a verdict against each defendant, but the judge under leave reserved and subject...

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