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NOON v. BEFORD

349 Mass. 537 (1965)

209 N.E.2d 292

VERONICA V. NOON, executrix, vs. LEONARD F. BEFORD, administrator.

Supreme Judicial Court of Massachusetts, Middlesex.

July 13, 1965.

Attorney(s) appearing for the Case

Peter D. Cole for the defendant.

Richard S. McCabe for the plaintiff.

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

KIRK, J.

This is an action for wrongful death under G.L.c. 229, § 2, as appearing in St. 1958, c. 238, § 1.1 The case was heard in the District Court on a statement of agreed facts submitted to the court as evidence. We treat it not as a case stated but as a case with an agreement as to evidence. Duff v. Southbridge, 325 Mass. 224, 226. The judge found for the plaintiff in the...

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