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TOMAINO v. NEWMAN

348 Mass. 433 (1965)

204 N.E.2d 126

IRENE TOMAINO & another vs. EDWARD NEWMAN & another.

Supreme Judicial Court of Massachusetts, Norfolk.

February 2, 1965.

Attorney(s) appearing for the Case

John T. Gaffney (John J. Donoghue with him) for the plaintiffs.

Robert W. Emmons, Jr. (Paul J. Dolan with him) for the defendant Edward Newman.

Present: SPALDING, WHITTEMORE, CUTTER, & SPIEGEL, JJ.

SPALDING, J.

The declaration in this action of tort contains eight counts. In counts 1 and 2 Irene Tomaino (hereinafter called the plaintiff) seeks compensation for personal injuries arising from the alleged negligence of the defendant Edward Newman (hereinafter called the defendant). Count 1 is based on ordinary negligence; count 2 on gross negligence. Counts 3 and 4, based on negligence and gross negligence, respectively, are against Barbara Newman, Edward's wife...

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