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BERGER v. STONER

357 Mass. 659 (1970)

259 N.E.2d 774

MAUREEN ANN BERGER & another vs. WILLIAM STONER.

Supreme Judicial Court of Massachusetts, Hampden.

June 12, 1970.

Attorney(s) appearing for the Case

Edward V. Leja for the defendant.

Morton J. Sweeney for the plaintiffs.

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

QUIRICO, J.

This is an action of tort to recover damages for personal injuries sustained by the plaintiff Maureen Ann Berger when her hand went through a pane of glass in a door to a two-room bungalow owned by the defendant and rented by the plaintiff and her husband, Romaine Berger. The declaration was in five counts, the first of which was waived in open court. Counts 2 and 4 are brought by Mrs. Berger. In count 2 she alleges that the defendant

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