GAMBARDELLO v. H.J. SEILER CO.


335 Mass. 49 (1956)

138 N.E.2d 603

FRANK GAMBARDELLO vs. H.J. SEILER Co.

Supreme Judicial Court of Massachusetts, Middlesex.

November 28, 1956.


Attorney(s) appearing for the Case

Abner R. Sisson, (William J. Lee with him,) for the plaintiff.

Daniel A. Lynch, (David L. Whitney with him,) for the defendant.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, & WHITTEMORE, JJ.


SPALDING, J.

In this action of tort the plaintiff seeks to recover for injuries sustained as a result of the alleged negligence of the defendant in the operation and maintenance of a swimming pool. The trial judge on motion of the defendant directed a verdict for the defendant and the plaintiff excepted.

A summary of the pertinent evidence is as follows: The defendant, which was in the catering business, was the owner of certain recreational facilities in...

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