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ALBERT v. WELCH

360 Mass. 397 (1971)

274 N.E.2d 821

CLEAVEN ALBERT vs. FREDERICK L. WELCH.

Supreme Judicial Court of Massachusetts, Suffolk.

November 5, 1971.

Attorney(s) appearing for the Case

Leonard Glazer for the plaintiff.

John P. McGloin (Edward T. Brady, Jr., & Arthur E. Gustafson, Jr., with him) for the defendant.

Present: TAURO, C.J., CUTTER, REARDON, QUIRICO, & BRAUCHER.

BRAUCHER, J.

This is an action of tort to recover damages for injuries sustained by the plaintiff while in the course of his employment by the defendant. The declaration is in two counts. The first count alleges that on or about August 20, 1963, the plaintiff was employed by the defendant as a truck driver; that the trucking business, particularly the hauling of building materials, was determined by the Commissioner of the...

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