MOLLOY v. KIZELEWICZ


343 Mass. 402 (1961)

179 N.E.2d 247

PRUDENCE MOLLOY, administratrix, vs. BENEDICT KIZELEWICZ.

Supreme Judicial Court of Massachusetts, Suffolk.

December 28, 1961.


Attorney(s) appearing for the Case

John C. Carr, Jr., (John P. Curran with him,) for the defendant.

Timothy J. McInerney, for the plaintiff.

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


WHITTEMORE, J.

The plaintiff's intestate, Thomas Molloy, sixty-six years of age, a retired employee of the Metropolitan Transit Authority, on December 27, 1954, fell on ice on the sidewalk in front of the defendant's premises in Dorchester, and was injured. At a second trial of this action of tort the plaintiff had a verdict which was reduced by a remittitur of $5,000 to $17,642.

1. The defendant urges error in respect of a hypothetical question put to Dr...

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