SUMMERING v. BERGER REALTY, INC.


344 Mass. 38 (1962)

181 N.E.2d 348

RICHARD F. SUMMERING vs. BERGER REALTY, INC. & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 1962.


Attorney(s) appearing for the Case

Dana J. Kelly, for the defendant Berger Realty, Inc.

Joseph P. Rooney, (Ansel B. Chaplin with him,) for the defendant Spaulding-Moss Company.

George M. Herlihy, for the plaintiff.

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


SPIEGEL, J.

This is an action of tort against Berger Realty, Inc. (hereinafter called Berger), owner of a building at Congress Street, Boston, and against Spaulding-Moss Company (hereinafter called Spaulding), a tenant on the second floor of the building, for personal injuries sustained by the plaintiff when he fell down an elevator shaft on the premises on December 7, 1956.

The case is here upon the exceptions of...

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