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BYRON v. FRESH POND OPEN AIR THEATRE

333 Mass. 121 (1955)

128 N.E.2d 785

ELIZABETH BYRON vs. FRESH POND OPEN AIR THEATRE.

Supreme Judicial Court of Massachusetts, Middlesex.

September 19, 1955.

Attorney(s) appearing for the Case

Gregory H. Adamian & William Highgas, Jr., for the plaintiff.

Peter D. Cole, for the defendant.

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

RONAN, J.

The defendant owned and operated an open air or drive-in theatre into which, on an evening in April, 1953, one Cabral drove his automobile and parked it at a place designated by one of the defendant's ushers with its right side about three feet distant from one of the parking posts. These posts were about "chest high," and had a dim light on top bearing a number. The posts were arranged in a row and each had a cord on its right and left sides which could...

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