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RICH v. FINLEY

325 Mass. 99 (1949)

89 N.E.2d 213

ALAN E. RICH vs. FREDERICK W. FINLEY (and a companion case).

Supreme Judicial Court of Massachusetts, Hampden.

December 6, 1949.

Attorney(s) appearing for the Case

E. Hutchings, (R.C. Jandreau with him,) for the defendants.

H.A. Moran, Jr., (H.A. Moran with him,) for the plaintiff.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & COUNIHAN, JJ.

QUA, C.J.

These actions are based upon the alleged negligent operation by the defendant Finley of an airplane owned by the corporate defendant but hired by Finley for his own purposes. Counts based upon alleged wilful, wanton and reckless operation have been waived. The occurrence out of which the actions arise took place at Longmeadow on March 17, 1946, and resulted in the fall to the ground of a plane owned and operated...

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