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LUZ v. STOP & SHOP, INC. OF PEABODY

348 Mass. 198 (1964)

202 N.E.2d 771

JOHN F. LUZ vs. STOP & SHOP, INC. OF PEABODY (and three companion cases).

Supreme Judicial Court of Massachusetts, Essex.

December 7, 1964.

Attorney(s) appearing for the Case

John T. Ronan (Philip L. Sisk with him) for the defendant.

Joseph J. Hurley & John A. McNiff (Samuel Pearl, Anthony Serra, J. Newton Esdaile & Thomas E. Cargill, Jr., with them) for the plaintiffs.

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

REARDON, J.

These four actions of tort arose out of the same happening and were tried together with companion actions brought by the same plaintiffs against Ethel J. and Carmen Bianco. The declarations, which are similar in the four cases now before us, allege that on June 26, 1958, the defendant's negligence in the operation and maintenance of premises under its control resulted in injuries to the plaintiffs. In each case, Stop & Shop, Inc. (Stop & Shop)...

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