WILKINS, C.J.
This is a petition, brought purportedly pursuant to G.L. (Ter. Ed.) c. 231, § 117, to establish exceptions alleged to have been taken in an action of tort in which the petitioner was the plaintiff and the respondent New England Theatres, Inc., was the defendant. The action was for personal injuries received in a fall on premises of the defendant. After a trial without jury the judge made
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