CAREY v. ZAYRE OF BEVERLY INC.


367 Mass. 125 (1975)

324 N.E.2d 619

JOHN CAREY vs. ZAYRE OF BEVERLY INC.

Supreme Judicial Court of Massachusetts, Essex.

March 7, 1975.


Attorney(s) appearing for the Case

Kevin M. Herlihy (H. Sage Walcott with him) for the plaintiff.

Philander S. Ratzkoff (Richard L. Neumeier with him) for the defendant.

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


KAPLAN, J.

A jury on November 26, 1969, brought in a verdict for the defendant Zayre of Beverly Inc. in an action by the plaintiff John Carey who claimed that the defendant's negligence caused him to slip and fall on the floor of the defendant's store with resulting personal injuries. The defendant had denied negligence on its own part and asserted contributory negligence on the part of the plaintiff. The plaintiff is here on a bill of exceptions and the only exception...

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