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FREDETTE v. CHAIR CITY TAXI CO.

339 Mass. 597 (1959)

162 N.E.2d 42

LEON J. FREDETTE vs. CHAIR CITY TAXI COMPANY (and a companion case).

Supreme Judicial Court of Massachusetts, Worcester.

October 30, 1959.

Attorney(s) appearing for the Case

Nelson L. Kendall, Jr., (William M. Quade with him,) for the plaintiff.

Paul L. Hinckley, (Stanley B. Milton with him,) for Chair City Taxi Company.

Donald A. Macksey, for New England Telephone and Telegraph Company.

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

WILKINS, C.J.

The plaintiff was hurt by falling "into a hole adjacent to the pole" of the defendant New England Telephone and Telegraph Company which had been struck by a taxicab of the defendant Chair City Taxi Company. The cases were referred to an auditor whose findings of fact were not to be final. The auditor found for the defendants. The judge allowed the defendants' motions for judgment on the auditor's report, and...

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