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FORTIN v. GARDNER

347 Mass. 436 (1964)

198 N.E.2d 431

ARTHUR FORTIN vs. CITY OF GARDNER.

Supreme Judicial Court of Massachusetts, Worcester.

May 4, 1964.

Attorney(s) appearing for the Case

Seymour Weinstein for the plaintiff.

Eugene O. Turcotte, for the defendant, submitted a brief.

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

CUTTER, J.

Fortin brings this action to recover for injuries resulting from a fall on Main Street in Gardner on February 1, 1961. The city claimed an exception to the denial of its motion for a directed verdict. After a verdict for Fortin, the trial judge reported the case, expressing uncertainty whether "an actionable defect existed ... and ... whether ... [Fortin] was, as a matter of law," guilty of contributory negligence...

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