COBB v. WORCESTER COUNTY ELECTRIC CO.


338 Mass. 252 (1958)

154 N.E.2d 900

HELEN A. COBB & another vs. WORCESTER COUNTY ELECTRIC COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

December 22, 1958.


Attorney(s) appearing for the Case

Charles W. Proctor, for the plaintiffs.

Philip L. Berkeley, for the defendant.

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


WHITTEMORE, J.

The plaintiffs' exceptions in this action of tort for personal injuries to the female plaintiff (hereinafter, the plaintiff) attack the action of the trial judge in striking testimony of the condition, on the Monday morning following the injury, of the store and office premises of the defendant in Worcester where the plaintiff fell on the preceding Saturday morning, July 26, 1952, and in instructing the jury to disregard the testimony because "there...

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