ZOMPANTI v. FERGUSON


336 Mass. 167 (1957)

142 N.E.2d 903

JAMES ZOMPANTI vs. EDWIN FERGUSON.

Supreme Judicial Court of Massachusetts, Suffolk.

June 4, 1957.


Attorney(s) appearing for the Case

David H. Fulton, for the plaintiff.

John F. Cremens, (James P. O'Connell with him,) for the defendant.

Present: WILKINS, C.J., RONAN, WILLIAMS, WHITTEMORE, & CUTTER, JJ.


RONAN, J.

These are the plaintiff's exceptions taken to the entering of a verdict for the defendant under leave reserved in an action of tort to recover for personal injuries. The plaintiff was struck by a plank carried by a fellow employee when the plank was knocked out of his grasp by coming in contact with an automobile driven by the defendant.

There was evidence that the defendant in the late afternoon of November 6, 1950, was travelling easterly along...

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