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FLAHERTY v. NEW YORK, NEW HAVEN & HARTFORD R.R.

337 Mass. 456 (1958)

149 N.E.2d 670

MARTIN FLAHERTY vs. THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

May 5, 1958.

Attorney(s) appearing for the Case

Thomas B. Shea, for the plaintiff.

William J. Noonan, for the defendant.

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

SPALDING, J.

In this action of tort for negligence the plaintiff had a verdict, which was recorded under leave reserved. Thereafter the judge entered a verdict for the defendant subject to the plaintiff's exception. The question, therefore, is whether there was a case for the jury. Berwick & Smith Co. v. Salem Press, Inc. 331 Mass. 196.

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