Aleman v. First National Stores, Inc.

This is cm action of tort in which plaintiff claims personal injuries as the result of a fall on the floor of premises owned and controlled by defendant at 1434 Dorchester Avenue, Dorchester, Mass, on March 9, 1965. The declaration consists of Count #1 alleging plaintiff was caused to fall as the result of the negligence of defendant; Count #2 alleging that defendant negligently allowed a foreign substance to be on the floor so as to put the floor *65in an unsafe and suitable condition. Defendant’s answer was general denial, contributory negligence and assumption of risk.

There was evidence at…