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COWAN v. McDONNELL

330 Mass. 148 (1953)

111 N.E.2d 759

WILBUR COWAN vs. JOHN M. McDONNELL (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

April 7, 1953.

Attorney(s) appearing for the Case

William L. Baxter, Corporation Counsel, & Joseph Graglia, Assistant Corporation Counsel, for the defendants, submitted a brief.

Herbert L. Barrett, (John J. Mackin with him,) for the plaintiff.

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

COUNIHAN, J.

These are two actions which were tried to a jury together with Cowan v. Eastern Racing Association, Inc. They arose out of an alleged assault on this plaintiff by these two defendants. The circumstances of the alleged assault are recited in the opinion in Cowan v. Eastern Racing Association, Inc., ante, 135.

During the trial the defendants in these actions introduced through the custodian of records of the Boston City...

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