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GERSTENZANG v. KENNEDY & CO. INC.

340 Mass. 174 (1959)

162 N.E.2d 784

REBECCA GERSTENZANG vs. KENNEDY & CO., INC.

Supreme Judicial Court of Massachusetts, Bristol.

December 18, 1959.

Attorney(s) appearing for the Case

Eugene C. McCabe, for the defendant.

Selwyn I. Braudy, for the plaintiff.

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

WILLIAMS, J.

While in the defendant's store to buy eggs the plaintiff slipped and fell on the floor and was injured. Evidence bearing on the defendant's liability was furnished by its manager and the plaintiff. The accident was on the afternoon of August 30, 1956, and the manager testified that the floor, which was of asphalt tile, had been waxed and polished the night before. The plaintiff testified that "she walked in and the first thing she knew she slipped and...

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