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STELLA v. CURTIS

348 Mass. 458 (1965)

204 N.E.2d 457

MARY ANN STELLA & another vs. MORRIS E. CURTIS.

Supreme Judicial Court of Massachusetts, Essex.

February 5, 1965.

Attorney(s) appearing for the Case

Richard R. Flood & John L. McDonough, Jr., for the defendant, submitted a brief.

Salvatore J. Basile (Michael T. Stella with him) for the plaintiffs.

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

KIRK, J.

The defendant appeals from an order of the Appellate Division dismissing a report claimed by him in this action of tort following a second trial which was limited to the issue of damages for personal injury to Mary Ann Stella (the plaintiff). The second trial was held by order of the Appellate Division following the establishment of a report, upon the petition of the plaintiff, because of alleged errors at the first...

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