DeJESUS v. YOGEL


404 Mass. 44 (1989)

533 N.E.2d 1318

JOSE L. DeJESUS vs. ROSE YOGEL, trustee.

Supreme Judicial Court of Massachusetts, Middlesex.

February 8, 1989.


Attorney(s) appearing for the Case

Martin Kantrovitz (Maureen B. Bairos with him) for the plaintiff.

Paul R. Matthews for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

On May 24, 1978, six year old Jose DeJesus fell over the porch railing of a third-floor apartment on Broadway in Cambridge, sustaining substantial injuries. His mother had taken him there to visit a friend who was a tenant of the defendant, who owned the building.

This action, based on a claim of negligence of the landowner, was submitted to a jury on special questions. They answered that the defendant was negligent but that her negligence was...

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