FLYNN v. GARBER


333 Mass. 663 (1956)

132 N.E.2d 385

ELLEN FLYNN vs. BEATRICE L. GARBER & another.

Supreme Judicial Court of Massachusetts, Norfolk.

March 6, 1956.


Attorney(s) appearing for the Case

Charles J. Kickham, Jr., for the plaintiff.

Walter F. Henneberry, (Arthur L. Brown with him,) for the defendants.

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


COUNIHAN, J.

This is an action of tort to recover damages for personal injuries sustained by the plaintiff and allegedly caused by the defendants' negligence in the maintenance of premises owned and occupied by them. The defendants' answer included a plea of assumption of the risk. The jury returned a verdict for the plaintiff and the judge on motion, under leave reserved, entered a verdict for the defendants. The action comes here upon the plaintiff's exception to...

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