Massey v. Cloutier

The defendant is the plaintiffs’ former landlord. The plaintiffs brought this action to recover damages for personal injury and loss of consortium due to an accident resulting from, they claim, a negligently maintained stairway. The defendant appeals from a default judgment and from an order denying his motion for relief from judgment.

Service of process was made by leaving a copy of the summons and complaint at the defendant’s last and usual place of abode in Acton, Massachusetts, and by mailing a copy thereof. See Mass.R.Civ.P. 4 (d)(1), 365 Mass. 734 (1974). Compare G. L. c. 223, § 31,…