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POULIN v. H.A. TOBEY LUMBER CORP.

337 Mass. 146 (1958)

148 N.E.2d 277

AGNES M. POULIN & another vs. H.A. TOBEY LUMBER CORP.

Supreme Judicial Court of Massachusetts, Middlesex.

March 5, 1958.

Attorney(s) appearing for the Case

Cornelius R. Rosdahl, for the plaintiffs.

William J. Conboy, for the defendant, submitted a brief.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.

CUTTER, J.

This is an action of tort brought in a District Court by Mrs. Poulin for personal injuries to her and by her husband for consequential damages. She was walking on the sidewalk on Exchange Street, Malden, when she was struck by pieces of lumber which fell from a passing truck and injured her. A demand by the plaintiffs under G.L. (Ter. Ed.) c. 231, § 69, as appearing in St. 1946, c. 450, for admission of material facts, established that at the time...

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