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WOLFSON v. FOX

338 Mass. 603 (1959)

156 N.E.2d 422

DAVID WOLFSON vs. LOUIS FOX.

Supreme Judicial Court of Massachusetts, Suffolk.

February 27, 1959.

Attorney(s) appearing for the Case

Philander S. Ratzkoff, for the defendant.

Thomas D. Burns, (William H. Clancy with him,) for the plaintiff.

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

WILKINS, C.J.

The plaintiff was hurt in an automobile accident on December 30, 1948, while riding in a motor vehicle owned and operated by the defendant. The declaration contained three counts. The jury returned a verdict for the defendant on counts 1 and 2, and for the plaintiff on count 3. The only question for decision is whether there was error in the denial of the defendant's motion for a directed verdict on count 3...

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