KONICK v. BERKE, MOORE CO. INC.


355 Mass. 463 (1969)

245 N.E.2d 750

THERESA KONICK & another vs. BERKE, MOORE COMPANY, INC. & another.

Supreme Judicial Court of Massachusetts, Middlesex.

March 10, 1969.


Attorney(s) appearing for the Case

Daniel J. Hourhihan for Theresa Konick.

Henry Sontag for Stephen Konick.

John J. O'Brien for Berke, Moore Company, Inc.

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


SPALDING, J.

In this action of tort two minor plaintiffs seek to recover for injuries sustained when they were struck by an automobile owned and operated by the defendant Mortimer M. Prescott. The declaration contained four counts. Counts 1 and 3 are on behalf of Theresa Konick and Stephen Konick, respectively, against Prescott. Counts 2 and 4 are on behalf of these plaintiffs against the defendant Berke, Moore Company, Inc. (Company) alleging negligence on the part...

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