LUMMUS, J.
Counsel for the plaintiffs, in opening to the jury their action of tort for negligence against the defendant, stated in substance the following. The plaintiffs, John J. Costello, Junior, and his wife and baby, were riding on February 8, 1948, on a way in Canton, following the automobile of the defendant. The road had ruts with a mound of snow and ice between them from six to eight inches higher than the ruts. The defendant was travelling at about twenty...
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