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DONOVAN v. DiPAOLO

4 Mass. App. Ct. 576 (1976)

355 N.E.2d 484

JOHN R. DONOVAN vs. SALVATORE J. DiPAOLO.

Appeals Court of Massachusetts, Essex.

September 29, 1976.

Attorney(s) appearing for the Case

Ignatius R.J. Piscitello for the plaintiff.

Clement McCarthy for the defendant.

Present: KEVILLE, GOODMAN, & ARMSTRONG, JJ.

GOODMAN, J.

This action of tort arose out of a collision between an automobile operated by the plaintiff travelling north on Winthrop Avenue (Route 114) in Lawrence and an automobile operated by the defendant travelling in the opposite direction. The road on which the collision happened is forty-six feet wide; the accident occurred at 1:00 A.M. during a heavy rainfall. Both automobiles were badly damaged, and the plaintiff was severely injured. The case was tried...

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