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JENSEN v. McELDOWNEY

341 Mass. 485 (1960)

170 N.E.2d 472

AGNES GERTRUDE JENSEN, administratrix, vs. RICHARD L. McELDOWNEY.

Supreme Judicial Court of Massachusetts, Middlesex.

December 2, 1960.

Attorney(s) appearing for the Case

Richard D. Gilman, for the plaintiff.

Daniel A. Lynch, (Paul F. Degnan with him,) for the defendant.

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

SPALDING, J.

Late in the afternoon of December 28, 1956, while walking on Route 2A in Acton, William A. Jensen was killed by an automobile operated by the defendant. In this action of tort brought by Jensen's administratrix to recover for his death, the defendant had a verdict. The case comes here on the plaintiff's exceptions to several rulings on evidence.

1. One of the issues was whether Jensen was intoxicated at the time of the accident. One Turner, a...

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