LUMMUS, J.
This is an action of tort under G.L. (Ter. Ed.) c. 84, § 15, to recover for bodily injury sustained on September 7, 1949, by reason of a defect in Massachusetts Avenue, one of the principal public highways in the defendant city. The plaintiff had a verdict. The case is here on exceptions taken by the defendant.
The alleged defect, of which there was evidence, consisted of the root of a tree projecting about two feet from the trunk into the...
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