WHITTEMORE, J.
The original plaintiffs in these three tort actions were, respectively, the driver of and two passengers in an automobile which at about 5 A.M. on April 24, 1949, when vision was obscured because of darkness or fog, ran into a pile of prepared paving material or macadam, black in color, on a part of Old Athol Road, so called, in Templeton which had been the subject of statutory actions for discontinuance as a public way by both the Commonwealth and...
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