WILLIAMS, J.
This is an action of tort for personal injuries incurred by the plaintiff on August 23, 1945, by falling on a sidewalk of Canal Street, a public way in the town of Athol, at a place where a driveway leads westerly across the sidewalk along the northerly side and to the rear of the N.D. Cass Company factory. The jury having returned a verdict for the plaintiff, the case is here on the exception of the defendant to the denial by the judge of the defendant...
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