LUMMUS, J.
This is an action of tort for personal injuries to the plaintiff caused by an alleged defect in a public way in the defendant town. After a verdict for the defendant, the case comes here on the plaintiff's single exception to the refusal of one instruction requested by the plaintiff. The evidence for the plaintiff was that on November 15, 1945, while she was alighting from a Boston Elevated Railway bus, she stepped into a hole four inches deep, a foot long...
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