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SMITH v. EAGLE CORNICE & SKYLIGHT WORKS

341 Mass. 139 (1960)

167 N.E.2d 637

FRANCIS SMITH & another vs. EAGLE CORNICE AND SKYLIGHT WORKS.

Supreme Judicial Court of Massachusetts, Middlesex.

June 6, 1960.

Attorney(s) appearing for the Case

John F. Drum, for the defendant.

I. Jack Levy, (M. James Zelman with him,) for the plaintiffs.

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

SPALDING, J.

In this action of tort there was evidence of the following. On June 19, 1956, Francis Smith (hereinafter called the plaintiff1), "going on" seven years of age, lived with his family at 11 Columbia Terrace, Cambridge. Columbia Terrace consists of two buildings (accommodating thirty-three families) with a courtyard between. The children of these families often played in the courtyard. From May 15 through October, 1956, the defendant...

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