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LEONARDO v. GREAT ATLANTIC & PACIFIC TEA CO.

340 Mass. 450 (1960)

164 N.E.2d 900

MANUEL C. LEONARDO, executor, vs. THE GREAT ATLANTIC AND PACIFIC TEA COMPANY (and a companion case).

Supreme Judicial Court of Massachusetts, Bristol.

March 7, 1960.

Attorney(s) appearing for the Case

William A. Torphy, (Chris Byron with him,) for the plaintiff.

Francis D. Mone, for the defendant Beserosky.

Gerald P. Walsh, for the defendant The Great Atlantic and Pacific Tea Company.

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

SPALDING, J.

The original plaintiff in these actions of tort was Mary L. Soares and she will be referred to hereinafter as the plaintiff.2 The defendants are The Great Atlantic and Pacific Tea Company (hereinafter called A & P), and Simie Beserosky. At the conclusion of the evidence the judge granted A & P's motion for a directed verdict, subject to the plaintiff's exception. A similar

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