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ROSS v. COHEN

352 Mass. 51 (1967)

223 N.E.2d 805

DONALD J. ROSS, administrator, vs. ISAAC COHEN.

Supreme Judicial Court of Massachusetts, Essex.

February 9, 1967.

Attorney(s) appearing for the Case

Edward F. Hennessey & Raymond J. Kenney, Jr., for the defendant.

Louis Albert for the plaintiff.

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

SPALDING, J.

On February 3, 1961, Hjalmar Johnson, a retired fisherman in his middle seventies, was a tenant in a building in Gloucester owned by the defendant, known as the Bradford Building. The building was located on the corner of Main and Water streets. About nine forty-five on the evening of February 3, Johnson was observed by a friend seated at a table in his room "eating ... and drinking out of a cup." At that time...

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