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SABATINELLI v. BUTLER

363 Mass. 565 (1973)

296 N.E.2d 190

ANTONIO SABATENELLI vs. DANIEL M. BUTLER (and a companion case).

Supreme Judicial Court of Massachusetts, Worcester.

May 8, 1973.

Attorney(s) appearing for the Case

Terence F. Riley for the plaintiff.

William C. O'Neill, Jr., for the defendants.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & WILKINS, JJ.

TAURO, C.J.

The plaintiff brought actions in tort against Daniel M. Butler, and against Daniel's father, Raymond Butler. The declaration (in two counts) against Daniel alleges (1) that he unlawfully shot the plaintiff and (2) that he used a dangerous instrumentality negligently which resulted in the unlawful shooting. The declaration against Raymond (also in two counts) alleges (1) that he "knowingly and willfully allow...

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