BOXER v. BOSTON SYMPHONY ORCHESTRA, INC.


339 Mass. 369 (1959)

159 N.E.2d 336

HAROLD BOXER vs. BOSTON SYMPHONY ORCHESTRA, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

June 9, 1959.


Attorney(s) appearing for the Case

Roger B. Coulter, (Philander S. Ratzkoff with him,) for the defendant.

Alfred A. Albert, for the plaintiff.

Present: RONAN, SPALDING, WILLIAMS, WHITTEMORE, & CUTTER, JJ.


RONAN, J.

The plaintiff, a musical director of the Voice of America, a Federal agency, was injured on August 8, 1955, as he was preparing to install recording equipment in a theatre owned and maintained by the defendant at Tanglewood in the Berkshire Hills when he stepped over the edge of a stage upon a cloth covering the orchestra pit and fell into the pit. The first count alleged ordinary negligence; the second alleged...

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