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BANAGHAN v. DEWEY

340 Mass. 73 (1959)

162 N.E.2d 807

WILLIAM L. BANAGHAN vs. FRANCIS HENSHAW DEWEY, JUNIOR, & others, trustees (and three companion cases).

Supreme Judicial Court of Massachusetts, Worcester.

December 11, 1959.

Attorney(s) appearing for the Case

Berge C. Tashjian, (Richard G. Crotty with him,) for the defendants Dewey and others, trustees.

John M. Hart, for the plaintiff Banaghan.

Richard W. Mirick, (Sumner W. Elton with him,) for the defendant Bay State Elevator Company.

James C. Donnelly, Jr., for the plaintiff Peterson.

Thomas S. Carey, for the plaintiff DiLiberto.

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

RONAN, J.

These are three separate actions of tort brought by the plaintiffs against the Bay State Elevator Company and another action by Banaghan against the owners of the building to recover damages sustained when a passenger elevator in which they were riding fell to the bottom of the pit. These actions were tried with one brought by DiLiberto against the owners which has since been settled, leaving for our consideration four remaining cases. They are here upon...

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