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KRAUS v. WEBBER

359 Mass. 565 (1971)

270 N.E.2d 789

JOHN F. KRAUS, JR., vs. BETHEL WEBBER.

Supreme Judicial Court of Massachusetts, Suffolk.

June 7, 1971.

Attorney(s) appearing for the Case

Edward T. Robinson for the defendant.

Francis J. Gallagher, Jr., for the plaintiff.

Present: TAURO, C.J., SPALDING, CUTTER, QUIRICO, & BRAUCHER, JJ.

SPALDING, J.

This is an action of tort to recover for personal injuries sustained by the plaintiff by reason of a defect in a fire escape on premises owned by the defendant. The jury returned a verdict for the plaintiff which was recorded under leave reserved. Thereafter the judge granted the defendant's motion to enter a verdict for the defendant. The plaintiff's exception to this action presents the sole question for decision. The test to determine the correctness...

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