DaGRACA v. FEIST


361 Mass. 85 (1972)

278 N.E.2d 748

CARMELINA DaGRACA & another vs. HOWARD N. FEIST, JR., & others, trustees.

Supreme Judicial Court of Massachusetts, Essex.

February 7, 1972.


Attorney(s) appearing for the Case

Anthony J. Randazzo for the plaintiffs.

John T. Ronan for the defendants.

Present: CUTTER, QUIRICO, BRAUCHER, & HENNESSEY, JJ.


BRAUCHER, J.

This is an action of tort for personal injuries and consequential damages sustained when the plaintiff wife (the employee) stepped into a depression in a walk owned and controlled by the defendants. The defendants asserted that the employee had filed a claim for workmen's compensation more than six months after the injury and that her action was therefore barred by G.L.c. 152, § 15, as appearing in St. 1943, c. 432. The judge made written findings...

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