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HOLMES v. FITCHBURG & LEOMINSTER STREET RAILWAY

347 Mass. 313 (1964)

197 N.E.2d 684

ALFRED H. HOLMES & another vs. FITCHBURG & LEOMINSTER STREET RAILWAY CO. (and a companion case).

Supreme Judicial Court of Massachusetts, Worcester.

April 13, 1964.

Attorney(s) appearing for the Case

Robert B. Bowen for Fitchburg & Leominster Street Railway Co.

Alphonse P. San Clemente for Alfred H. Holmes & another.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, & REARDON, JJ.

SPALDING, J.

In this action of tort, in which the plaintiff Lillian Holmes (hereinafter called the plaintiff) had a verdict, several procedural questions have arisen.1 Since our answers to these questions are decisive of the case we do not reach the merits. There are also before us exceptions arising out of a petition to vacate judgment.

THE FIRST CASE.

The questions for decision...

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