BADOLOTO v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD


338 Mass. 421 (1959)

155 N.E.2d 770

SALVATORE BADOLOTO vs. THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

January 20, 1959.


Attorney(s) appearing for the Case

Noel W. Deering, for the defendant.

Joseph A. Aspero, for the plaintiff.

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


WILLIAMS, J.

This is an action of tort to recover for personal injuries and damage to a motor truck resulting from a collision of the truck with a diesel engine of the defendant on March 16, 1954, at Clinton. The declaration is in two counts in each of which the negligence of the defendant is alleged. The case was first referred to an auditor and later submitted to a jury on his report. The case is here after verdicts for the plaintiff on the defendant's exceptions...

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