ZAPPONI v. CENTRAL CONSTRUCTION CO.


334 Mass. 146 (1956)

134 N.E.2d 447

AMERICO ZAPPONI vs. CENTRAL CONSTRUCTION COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 1956.


Attorney(s) appearing for the Case

Leo J. Hession, for the defendant.

Robert A. Stanziani, for the plaintiff.

Present: QUA, C.J., WILKINS, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.


WHITTEMORE, J.

The plaintiff had a verdict in this action of tort against his employer to recover for injuries sustained when the defendant's truck hit a wooden "Do Not Enter" street barrier causing it to fly up and hit the plaintiff. The defendant duly excepted to the refusal of the trial judge to direct a verdict in its favor. The defendant was insured under the workmen's compensation act and the plaintiff had not reserved his common law rights against his employer...

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