COX v. PROVEN PICTURES OF BOSTON, INC.


337 Mass. 736 (1958)

151 N.E.2d 267

MILDRED R. COX vs. PROVEN PICTURES OF BOSTON, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

June 24, 1958.


Attorney(s) appearing for the Case

Peter D. Cole, for the defendant.

Arnold Felton, (Benjamin Smith with him,) for the plaintiff.

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


COUNIHAN, J.

This is an action of tort for damages for personal injury sustained by the plaintiff by reason of a fall in a theatre, on June 4, 1952, due to the alleged negligence of the defendant, the owner and operator of the theatre. Count 2 of the declaration alleging a nuisance was waived. The jury returned a verdict for the plaintiff and the action comes here upon an exception to the denial of the defendant's motion for a directed verdict. We are of opinion that...

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