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GOLDBERG v. NORTON CO.

335 Mass. 605 (1957)

141 N.E.2d 377

ELLIOTT GOLDBERG vs. NORTON COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 29, 1957.

Attorney(s) appearing for the Case

Thomas H. Mahony, (George T. Padula with him,) for the defendant.

Samuel P. Sears, (Albert R. Mezoff with him,) for the plaintiff.

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

COUNIHAN, J.

This is an action of tort to recover for personal injuries sustained by the plaintiff on August 12, 1952, because of the negligence of the servants or agents of the defendant. The answer was a general denial, contributory negligence, and voluntary assumption of risk. The action was tried before a judge, sitting without jury, who found for the plaintiff. The action comes here upon an exception of the defendant to the denial of a request that, upon the...

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