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PADDOCK v. BROOKLINE

347 Mass. 230 (1964)

197 N.E.2d 321

HAZEL PADDOCK vs. TOWN OF BROOKLINE.

Supreme Judicial Court of Massachusetts, Norfolk.

March 19, 1964.

Attorney(s) appearing for the Case

Herbert Hershfang for the plaintiff.

Albert R. Mezoff (Phillip Cowin, Town Counsel, with him) for the defendant.

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

KIRK, J.

The case comes to us on the plaintiff's appeal from an order of the judge sustaining the defendant's demurrer to the declaration. G.L.c. 231, § 96. One of the grounds of demurrer is that the declaration fails to state a cause of action. G.L.c. 231, § 18, Second. Weiner v. Lowenstein, 314 Mass. 642, 646. The plaintiff did not seek to amend. She thus stakes the result of her action upon the...

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