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TODD v. WERNICK

334 Mass. 624 (1956)

138 N.E.2d 124

JAMES SEVERIN TODD, administrator vs. HAROLD M. WERNICK.

Supreme Judicial Court of Massachusetts, Hampden.

November 8, 1956.

Attorney(s) appearing for the Case

Robert J. Moran, for the plaintiff.

Ralph S. Spooner, for the defendant.

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

WILLIAMS, J.

This is an action of tort to recover for the death of the plaintiff's intestate. It is alleged in the count of the plaintiff's amended declaration on which the case was tried that the decedent received fatal injuries on September 26, 1952, from the fall upon her of a certain hoisting apparatus which was "erected in a negligent manner ... [and] constituted a defect" in the defendant's premises.1 There was evidence that the...

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