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DUARTE v. KAVANAGH

340 Mass. 640 (1960)

165 N.E.2d 746

SUZANNE DUARTE & another vs. GLADYS KAVANAGH, executrix.

Supreme Judicial Court of Massachusetts, Bristol.

April 4, 1960.

Attorney(s) appearing for the Case

Francis D. Mone, for the plaintiffs.

William J. Fenton, for the defendant.

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

WILLIAMS, J.

This is an action of tort by a five year old child, hereinafter referred to as the plaintiff, and by her father to recover respectively for personal injury and consequential damage resulting from the plaintiff being struck by an automobile operated by the defendant's testator, hereinafter called the defendant.

There was evidence that at about noon on June 19, 1955, the defendant was driving easterly...

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