KAPLAN, J.
By writ dated September 5, 1968, Peter Tritsch brought an action in the Superior Court in tort for negligence against the Boston Edison Company (Edison) and John F. Grimes and Robert F. Hawkins, both fire fighters for the city of Boston, for injuries suffered when an electric light pole maintained by Edison toppled on him after having been struck by a fire truck operated by Grimes and Hawkins. During the trial of the action Tritsch made an agreement of...
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