WALLACE v. PATEY


335 Mass. 220 (1957)

139 N.E.2d 407

WILLIAM WALLACE & another vs. GILBERT PATEY.

Supreme Judicial Court of Massachusetts, Middlesex.

January 4, 1957.


Attorney(s) appearing for the Case

Morris Michelson, (Benjamin Rudner with him,) for the plaintiffs.

Christopher W. Sloane, for the defendant.

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


COUNIHAN, J.

This is an action of tort, in the first count by William Wallace for personal injury and in the second count by Thomas Walsh & Sons, Inc., for property damage, as a result of the alleged negligent operation of an automobile by the defendant on December 11, 1953. The answer set up contributory negligence but did not set up violation of a penal statute as a defence. There was a verdict for the defendant on each count.

The action comes here upon...

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