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CALDWELL v. ZAHER

344 Mass. 590 (1962)

183 N.E.2d 706

LEWIS CALDWELL & another vs. LOUIS ZAHER & another (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

June 25, 1962.

Attorney(s) appearing for the Case

Jason J. Cohen & Julius Thannhauser, for the plaintiffs, submitted a brief.

No argument nor brief for the defendants.

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

WILKINS, C.J.

Except for the names of the defendants and their sons these are identical actions of tort by "Lewis Caldwell, individually, and as father and next friend of Jean Caldwell, a minor" (so described in the writs), against the parents of a minor son, who assaulted and molested Jean. In each case count 1 is for personal injuries, and count 2 is for consequential damages. Demurrers to the declarations as a whole were sustained, and the plaintiffs appealed....

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