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HEALY v. SMITH

354 Mass. 90 (1968)

235 N.E.2d 546

ANNETTE C. HEALY, administratrix, vs. MORRIS E. SMITH & others, executors.

Supreme Judicial Court of Massachusetts, Suffolk.

March 29, 1968.

Attorney(s) appearing for the Case

Neil L. Lynch for the defendants.

Joseph J. Hurley for the plaintiff.

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

WHITTEMORE, J.

This tort action was begun by Mrs. Joan Healy (hereinafter called the plaintiff) for injuries sustained in falling on a badly torn rubber mat in a common passageway in the building in which she was a tenant. She died after the trial and the administratrix of her estate was admitted to prosecute the action.

The case was tried under the rule that the condition of the premises at the start of the tenancy...

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