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WILKINSON v. NEW ENGLAND TELEPHONE & TELEGRAPH CO.

327 Mass. 132 (1951)

97 N.E.2d 413

HELEN L. WILKINSON vs. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 6, 1951.

Attorney(s) appearing for the Case

W.E. Doherty, Jr., for the plaintiff.

J.N. Clark, for the defendant.

Present: QUA, C.J., RONAN, WILLIAMS, & COUNIHAN, JJ.

COUNIHAN, J.

This is an action described in the amended writ as in tort. The declaration contains four counts, two in contract and two in tort. The case came on for trial before a jury, and after an opening statement by counsel for the plaintiff, the judge, on motion, directed a verdict for the defendant. The plaintiff excepted and the action is here upon a report of the judge to determine whether the direction of a verdict for the defendant "was correct either because...

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