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ELLINGSGARD v. SILVER

352 Mass. 34 (1967)

223 N.E.2d 813

MARY ELLINGSGARD & another vs. GISELA SILVER.

Supreme Judicial Court of Massachusetts, Berkshire.

February 9, 1967.

Attorney(s) appearing for the Case

Frederick M. Myers for the defendant.

David C. Katz & Carl B. Israel for the plaintiffs.

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

SPALDING, J.

We summarize the evidence in this action of tort as follows: On August 16, 1961, Mary Ellingsgard was injured when a motorboat struck the dock on which she was standing. The dock, owned by a third person, extended into Pontoosuc Lake near Pittsfield. Shortly before the boat struck the dock, Perley Brace, the owner and operator, suffered a heart attack and lost control of the boat. His death occurred "some time prior to the striking of the dock." The cause...

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