SHULMAN v. DINTY MOORE'S, INC.

Nos. 6184, 6229.

326 F.2d 953 (1964)

Benjamin SHULMAN, Plaintiff, Appellant, v. DINTY MOORE'S, INC., Defendant, Appellee. Benjamin SHULMAN, Plaintiff, Appellant, v. A. W. PERRY, INC., Defendant, Appellee.

United States Court of Appeals First Circuit.

January 30, 1964.


Attorney(s) appearing for the Case

Albert P. Zabin, Boston, Mass., with whom Schneider & Reilly, Boston, Mass., was on brief, for appellant.

E. R. Langenback, Boston, Mass., for Dinty Moore's Inc., appellee.

Charles F. Choate, Boston, Mass., with whom Choate, Hall & Stewart, Boston, Mass., was on brief, for A. W. Perry, Inc., appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


ALDRICH, Circuit Judge.

On these appeals from summary judgments in favor of defendants, counsel have raised a number of interesting questions. We find it unnecessary to reach most of them, however, for even on assumptions favorable to the plaintiff we are of the view that the judgments must be sustained. The fundamental question is whether plaintiff appellant, a pedestrain injured when he tripped over a step protruding into the sidewalk of an alley, is entitled to...

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