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BURKE v. TOOTHAKER

1 Mass. App. Ct. 234 (1973)

295 N.E.2d 184

ROBERT BURKE & another vs. ROGER A. TOOTHAKER & another.

Appeals Court of Massachusetts, Middlesex.

April 17, 1973.

Attorney(s) appearing for the Case

Joseph J. Hurley (Herbert W. Finbury with him) for the plaintiffs.

William H. Clancy for the defendants.

Present: HALE, C.J., GOODMAN, & GRANT, JJ.

GRANT, J.

This is an action of tort brought in the Superior Court to recover damages for personal injuries sustained by the minor plaintiff (the plaintiff) and for consequential damages sustained by the plaintiff's father as the result of an accident which occurred on August 28, 1966, in a sand or gravel pit in Billerica owned by the defendant M & T Construction Corporation (M & T) and allegedly under the control of the defendant Toothaker. The declaration...

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