WILLIAMS, J.
This is an action of tort originally brought against two defendants, Sidney L. Wallerstein and Boston Consolidated Gas Company, to recover for the death of one Steven A. Foley, the plaintiff's intestate. It was not controverted that the intestate, who was a boy four and one half years old, died from injuries received on September 7, 1950, when struck by an automobile operated by Wallerstein on Charlesbank Road in Newton. The accident occurred opposite...
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