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PETTITI v. EDWARD J. McHUGH & SON, INC.

341 Mass. 566 (1960)

171 N.E.2d 169

FRANCIS J. PETTITI vs. EDWARD J. McHUGH & SON, INC. (and a companion case).

Supreme Judicial Court of Massachusetts, Norfolk.

December 29, 1960.

Attorney(s) appearing for the Case

Myron N. Lane, (Richard B. Lane with him,) for the plaintiff.

Bertram A. Sugarman, for the defendants.

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

WILLIAMS, J.

The plaintiff brings these two actions of tort to recover for personal injuries received on May 9, 1955, in Weymouth when struck by a tractor owned by the defendant Edward J. McHugh & Son, Inc. (McHugh). There was evidence for the plaintiff that he was employed by the Commonwealth's department of public works which was engaged in resurfacing a section of Route 3 and in connection therewith excavating a portion of the highway to install a catch basin...

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