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ROTH v. RUBIN BROS. INC.

344 Mass. 604 (1962)

183 N.E.2d 856

MAX ROTH vs. RUBIN BROS., INC. (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

June 26, 1962.

Attorney(s) appearing for the Case

Robert M. Bonin for the plaintiffs.

Sturtevant Burr (Andrew F. Lane with him) for the defendant.

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

SPALDING, J.

These are two actions of tort in which three plaintiffs are seeking to recover for injuries alleged to have been caused by the negligence of the defendant's employee. In one of the actions Max Roth is the plaintiff; in the other, the plaintiffs are Ida Roth and Fannie Gallop. The cases were referred to an auditor under the usual rule. The auditor found in favor of each plaintiff. Thereafter the cases were tried to a jury on the basis of the auditor's...

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