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McNEIL v. FIRST NATIONAL STORES, INC.

339 Mass. 46 (1959)

157 N.E.2d 655

MARGARET A. McNEIL vs. FIRST NATIONAL STORES, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

April 15, 1959.

Attorney(s) appearing for the Case

George E. Donovan, for the defendant.

Timothy J. McInerney, for the plaintiff.

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

COUNIHAN, J.

In this action of tort the plaintiff seeks to recover damages for personal injuries sustained when she fell in the defendant's store at 184 Harvard Avenue, Brighton. The jury returned a verdict for the plaintiff. The action comes here upon the defendant's exceptions to the denial of its motion for a directed verdict and to the admission of evidence. There was error.

The evidence in its aspects most favorable...

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