DiMARZO v. S. & P. REALTY CORP.


364 Mass. 510 (1974)

306 N.E.2d 432

DOMENIC DiMARZO vs. S. & P. REALTY CORPORATION.

Supreme Judicial Court of Massachusetts, Suffolk.

January 21, 1974.


Attorney(s) appearing for the Case

Francis X. Kiley for the defendant.

Louis H. Casson for the plaintiff.

Present: TAURO, C.J., BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.


HENNESSEY, J.

This case reaches us on a bill of exceptions from the Superior Court in an action of tort. The plaintiff is an employee of a tenant of the defendant, and was injured when a section of the floor of the demised premises collapsed. Most of the relevant facts are not in dispute. The plaintiff's employer, L. Traster & Sons, Inc., held the premises under a lease signed with a prior owner. When the defendant purchased the building in 1954, it assumed the...

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