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NEIL v. WHITING MILK CO. INC.

366 Mass. 305 (1974)

318 N.E.2d 620

LAWRENCE NEIL, administrator, vs. WHITING MILK COMPANY, INC. (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

November 4, 1974.

Attorney(s) appearing for the Case

Stanley M. Cohen for the plaintiff.

Steven J. Cohen (Jeffrey S. Stern with him) for Whiting Milk Company, Inc.

Herbert S. O'Neill, for Richard H. Dodge & another, submitted a brief.

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

BRAUCHER, J.

These actions of tort for conscious pain and suffering and for wrongful death involved questions under the statute of limitations resembling those decided in Gaudette v. Webb, 362 Mass. 60 (1972). Judgments for the defendants were entered in 1971, and after the Gaudette decision the plaintiff filed petitions to vacate the judgments under G.L.c. 250, &...

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