CATANIA v. BARNSTABLE


3 Mass. App. Ct. 321 (1975)

329 N.E.2d 140

ANGELINA J. CATANIA vs. TOWN OF BARNSTABLE & another.

Appeals Court of Massachusetts, Barnstable.

June 4, 1975.


Attorney(s) appearing for the Case

John J. Harrington for Powers Contracting Corp.

Henry L. Murphy, Town Counsel, for the town of Barnstable.

Warren G. Miller for the plaintiff.

Present: HALE, C.J., ROSE, KEVILLE, GRANT, & ARMSTRONG, JJ.


ROSE, J.

The plaintiff brought an action of tort against the town of Barnstable (town) and Powers Contracting Corp. (Powers) to recover for injuries sustained when the automobile which she was driving struck a depression in the road (Pond Street — a public way in the defendant town), thereby causing the automobile to go off the road and strike a tree. There was evidence that under a contract with the town,...

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