YANOWITZ v. AUGENSTERN


343 Mass. 513 (1962)

179 N.E.2d 592

SANDRA YANOWITZ & another vs. SIDNEY AUGENSTERN & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 26, 1962.


Attorney(s) appearing for the Case

Sturtevant Burr, for the defendant.

Daniel F. Featherston, Jr., for the plaintiffs.

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


WILLIAMS, J.

This is an action of tort by Sandra Yanowitz, a minor, hereinafter called the plaintiff, to recover for personal injuries and by her father, Philip Yanowitz, to recover consequential damages resulting from the plaintiff falling in a recessed "entranceway" of a store at 150 Huntington Avenue, Boston, on January 8, 1957. The defendant Augenstern concedes that he was in control of the area where the plaintiff fell. There was evidence that the plaintiff,...

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