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MacSWAN v. METROPOLITAN TRANSIT AUTHORITY

340 Mass. 499 (1960)

164 N.E.2d 912

JOHN R. MacSWAN vs. METROPOLITAN TRANSIT AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 9, 1960.

Attorney(s) appearing for the Case

Peter N. Otis, (Francis D. Pizzella with him,) for the plaintiff.

James C. Roy, for the defendant.

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

COUNIHAN, J.

This is an action of tort in two counts, one for negligence and the other for gross negligence. The latter count was waived in open court. The action comes here upon the plaintiff's exception to the allowance of the defendant's motion for a directed verdict. There was no error.

The plaintiff seeks to recover damages for personal injuries sustained in an accident on the lower or street level of the Dudley...

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