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MAGEE v. LANE

346 Mass. 475 (1963)

194 N.E.2d 393

BRIAN T. MAGEE & another vs. KATHLEEN F. LANE & another.

Supreme Judicial Court of Massachusetts, Norfolk.

November 29, 1963.

Attorney(s) appearing for the Case

Timothy J. McInerney for the plaintiffs.

Daniel A. Lynch (Paul F. Degnan with him) for the defendants.

Present: SPALDING, WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

SPALDING, J.

In this action of tort, Brian T. Magee, hereinafter called the plaintiff, seeks to recover for injuries sustained by him on February 23, 1959, when he was struck by an automobile.1 His father seeks consequential damages.

The auditor, finding that the plaintiff was not in the exercise of due care and that the defendants were not negligent, found for the defendants. Thereafter...

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