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CATALUCCI v. MASSACHUSETTS BAY TRANSPORTATION AUTH.

351 Mass. 360 (1966)

220 N.E.2d 907

FRANCES CATALUCCI vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

November 7, 1966.

Attorney(s) appearing for the Case

Esther Maltzman Stevens for the plaintiff.

Charles S. Walkup, Jr., for the defendant.

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

WHITTEMORE, J.

In this action for personal injuries, tried without a jury, there was conflicting evidence whether the "hole" in the Essex Street subway station stairs in which the plaintiff testified she caught her heel on June 23, 1955, in fact existed. "[E]vidence presented by the plaintiff tended to prove ... [a hole] one-half to one inch wide, four to five inches long, and one-half to one inch deep, with a piece of metal...

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