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UNDERHILL v. SHACTMAN

337 Mass. 730 (1958)

151 N.E.2d 287

MARION S. UNDERHILL vs. ARTHUR SHACTMAN & others, trustees, & another.

Supreme Judicial Court of Massachusetts, Suffolk..

June 24, 1958.

Attorney(s) appearing for the Case

Edwin R. Trafton, (William J. Ryter with him,) for the plaintiff.

John F. Finnerty, for the defendants Shactman and others.

James D. Casey, for the defendant Federated Department Stores, Inc.

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

SPALDING, J.

The plaintiff brought this action of tort for personal injuries against Arthur Shactman and others, hereinafter called the trustees, and Federated Department Stores, Inc., doing business as Filene's and hereinafter called Federated. The declaration contained a count for negligence and one for nuisance against the trustees and Federated but we are concerned only with the negligence counts as the plaintiff does not now press the nuisance counts. At the...

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