Dower v. Dower's Inc.

This action of assumpsit is here on the .plaintiff’s exceptions to a decision of a justice of the superior court sustaining the defendant’s demurrer to the second amended declaration and to his refusal to grant permission for the filing of an amended declaration.

The essential allegations of the one-count declaration can be briefly summarized. The defendant occupied and had exclusive possession of certain store premises and the adjacent sidewalk under a written lease from plaintiff, the owner. During the term of the lease one Lenihan was injured when she fell on the sidewalk. She sued…