BLACKMER v. TOOHIL


343 Mass. 269 (1961)

178 N.E.2d 274

NELLIE BLACKMER vs. JAMES T. TOOHIL.

Supreme Judicial Court of Massachusetts, Worcester.

December 5, 1961.


Attorney(s) appearing for the Case

James C. Donnelly, Jr., for the defendant.

John M. Hart, for the plaintiff.

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


WILLIAMS, J.

This is an action of tort to recover for personal injuries received by the plaintiff on March 25, 1957, when she tripped over a hose lying across the sidewalk of May Street, a public way in Worcester. James T. Toohil has by amendment been substituted for the original defendant Toohil's Service, Inc. The case was referred to an auditor whose findings were not final. He found that the plaintiff, a woman almost ninety years of age, was walking along May...

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