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SPRAGUE v. GREAT ATLANTIC & PACIFIC TEA CO.

342 Mass. 711 (1961)

175 N.E.2d 468

DONALD SPRAGUE vs. THE GREAT ATLANTIC AND PACIFIC TEA COMPANY.

Supreme Judicial Court of Massachusetts, Essex.

June 7, 1961.

Attorney(s) appearing for the Case

John D. Malone, for the plaintiff.

Thomas F. Daley, Jr., for the defendant.

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

SPIEGEL, J.

This is an action of tort in which the plaintiff seeks damages for personal injuries alleged to have been suffered on April 18, 1958, in a store of the defendant in the city of Lynn and caused by the negligence of the defendant's servant. The defendant answered with a general denial and a plea of contributory negligence. The only evidence introduced was by the plaintiff. Following the presentation of the plaintiff's case the defendant moved for a directed...

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