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SCHALLINGER v. GREAT ATLANTIC & PACIFIC TEA CO.

334 Mass. 386 (1956)

135 N.E.2d 655

FRANK SCHALLINGER, administrator, vs. THE GREAT ATLANTIC AND PACIFIC TEA COMPANY (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk..

July 2, 1956.

Attorney(s) appearing for the Case

Charles W. O'Brien, for The Great Atlantic and Pacific Tea Company.

Isadore Bloom, for the plaintiff.

Bertram A. Sugarman, (Edward J. Barshak with him,) for the H C B Realty Company.

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

WILLIAMS, J.

These are actions of tort, tried together to a jury, to recover for the death and conscious suffering of the plaintiff's intestate resulting from his fall on February 28, 1950, on an accumulation of ice at the entrance of a building numbered 1486 on Tremont Street in Roxbury caused by the alleged negligence of each of the defendants. The building in question which was of one story with a flat roof had been erected in 1941 by one Gould, the predecessor...

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