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BEARSE v. FOWLER

347 Mass. 179 (1964)

196 N.E.2d 910

GRACE M. BEARSE, executrix, vs. MIRIAM A. FOWLER.

Supreme Judicial Court of Massachusetts, Suffolk.

March 4, 1964.

Attorney(s) appearing for the Case

James W. Kirk for the plaintiff.

John F. Finnerty (John H. Fletcher Calver with him) for the defendant.

Present: WILKINS, C.J., CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

REARDON, J.

This is an action of tort or contract brought by a paying guest at the defendant's motel.1 The declaration as amended is in two counts. The first alleges that the defendant was negligent in the maintenance of the premises, the second that there was a breach of an implied contract to maintain them in a safe and suitable condition, as a result of which the plaintiff suffered personal...

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