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HAWKES v. METROPOLITAN TRANSIT AUTHORITY

328 Mass. 140 (1951)

102 N.E.2d 409

ELIZABETH F. HAWKES, administratrix, vs. METROPOLITAN TRANSIT AUTHORITY (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

November 29, 1951.

Attorney(s) appearing for the Case

F.I. Rose, for the plaintiff.

R.L. Mapplebeck, for Metropolitan Transit Authority.

J.E. Keefe, Jr., Assistant Corporation Counsel, (R.B. Nolan, Assistant Corporation Counsel, with him,) for the city of Boston.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.

SPALDING, J.

These are two actions of tort. The original plaintiff (hereinafter sometimes called the plaintiff) died after the actions were commenced and his administratrix was substituted as a party plaintiff. One of the actions was originally brought against the Boston Elevated Railway Company but prior to the trial the Metropolitan Transit Authority, hereinafter called Metropolitan, was substituted as a party defendant. See St. 1947, c. 544, § 20. At the close...

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