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GREEN v. WILMINGTON

339 Mass. 142 (1959)

158 N.E.2d 143

ELIZABETH F. GREEN vs. TOWN OF WILMINGTON & another.

Supreme Judicial Court of Massachusetts, Middlesex.

May 1, 1959.

Attorney(s) appearing for the Case

Philip B. Buzzell, for the defendant town of Wilmington.

Dwight L. Allison, (Benjamin F. Forde, Jr., with him,) for the plaintiff.

Lawrence R. Cohen, for the defendant Boston and Maine Railroad.

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

SPALDING, J.

The declaration in this action of tort originally contained four counts. Counts 2 and 3 (involving the Commonwealth and the county of Middlesex) having been waived, the case was heard on the first and fourth counts in which the Boston and Maine Railroad and the town of Wilmington, respectively, were the defendants.

The plaintiff's version of the accident was as follows: On November 9, 1952, at 8 A.M...

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