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MacDONALD v. STACK

345 Mass. 709 (1963)

189 N.E.2d 221

BERTHA N. MacDONALD vs. GLADYS STACK.

Supreme Judicial Court of Massachusetts, Essex.

April 3, 1963.

Attorney(s) appearing for the Case

Stanley A. McDonald for the plaintiff.

Myron F. Tuross for the defendant.

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

WHITTEMORE, J.

These are the plaintiff's exceptions to the direction of verdicts for the defendant on the plaintiff's opening statement to the jury.

The opening stated facts, within count 1 of the declaration, in part as follows: The parties are sisters. In 1942, while the sisters' father was living with the defendant in Gloucester, the defendant took a new job in Salem and wished to move to Ipswich where her husband worked. She

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