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SPARKS v. KEPNES

339 Mass. 349 (1959)

159 N.E.2d 109

JAMES SPARKS vs. NATHAN KEPNES, trustee.

Supreme Judicial Court of Massachusetts, Suffolk.

June 4, 1959.

Attorney(s) appearing for the Case

Frank M. Lewis, for the plaintiff.

David W. Kelley, (Sydney Berkman with him,) for the defendant.

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

COUNIHAN, J.

This is an action of tort in which the plaintiff seeks to recover damages for personal injuries sustained on March 6, 1957, when he fell from the roof of a building to the ground, a distance of about forty-five feet. This building was numbered 2143 to 2147 Massachusetts Avenue, Cambridge, and was owned by the defendant as trustee of the Melrose Real Estate Trust. It was formerly owned and occupied by the city...

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