MALLARD v. WALDMAN


340 Mass. 288 (1960)

163 N.E.2d 658

ADELINE MALLARD vs. BESSIE D. WALDMAN & another, trustees.

Supreme Judicial Court of Massachusetts, Suffolk.

January 18, 1960.


Attorney(s) appearing for the Case

John J.C. Herlihy, (Arthur L. Brown with him,) for the defendants.

Edward J. Mahan, for the plaintiff.

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


CUTTER, J.

This is an action of tort to recover for personal injuries to the plaintiff incurred upon premises owned by the defendants, the trustees under a declaration of trust. The trial judge denied, subject to the trustees' exceptions, their motion for a directed verdict on the plaintiff's opening and also their motion for a directed verdict at the close of the evidence. The trustees also excepted to (a) the judge's failure to prevent allegedly improper argument...

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