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MARTIN v. REIS

344 Mass. 32 (1962)

181 N.E.2d 580

SARAH MARTIN vs. JOAQUIM REIS.

Supreme Judicial Court of Massachusetts, Bristol.

March 30, 1962.

Attorney(s) appearing for the Case

Thomas F. McGuire, for the defendant.

David Entin, (Michael S. Sahady with him,) for the plaintiff.

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

KIRK, J.

In this action of tort for negligence, the judge, sitting without jury, awarded damages to the plaintiff for injuries sustained by her when she tripped and fell over a board in an alley which was allegedly a common passage-way for the tenants of the defendant. The plaintiff is the wife of one of the defendant's tenants.

The case comes to us on exceptions of the defendant to the refusal of the judge to strike...

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