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SALVATO v. DiSILVA TRANSPORTATION CO. INC.

329 Mass. 305 (1952)

108 N.E.2d 51

CONCETTA SALVATO, guardian, vs. DiSILVA TRANSPORTATION CO., INC. & another.

Supreme Judicial Court of Massachusetts, Middlesex.

September 25, 1952.

Attorney(s) appearing for the Case

Joseph A. DeGuglielmo & Lawrence F. Feloney, for the plaintiff, submitted a brief.

Joseph P. Rooney, (A. Benjamin Cohen with him,) for the defendants.

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

QUA, C.J.

A judge of the District Court in which this action for personal injury and property damage suffered by Concetto Salvato was brought entered a finding in a substantial sum against both defendants. This finding was vacated by the Appellate Division which ordered a finding for the defendants. The plaintiff appeals.

1. The first question presented is whether the action was ever validly brought and is now an...

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