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BROWN v. METROPOLITAN TRANSIT AUTHORITY

345 Mass. 636 (1963)

189 N.E.2d 214

EMMA M. BROWN vs. METROPOLITAN TRANSIT AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 29, 1963.

Attorney(s) appearing for the Case

Timothy J. McInerney for the plaintiff.

James C. Roy for the defendant.

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

SPALDING, J.

This action of tort is here for the second time, 341 Mass. 690. When the case was here before, it had been tried to an auditor (facts not final) and thereafter to a jury. The declaration contains two counts. The first count alleges that the plaintiff was a passenger in the defendant's bus and was injured due to the defendant's negligence in its operation. The second count...

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