Marulli v. Town of Lexington

Action of tort in which a passenger in an automobile seeks to recover for injuries alleged to have been caused by a defective condition of the highway. In the *54District Court, there was a finding for the plaintiff. The report states that .it contains all the material evidence.

The defendant, as appellant, contends that the case of Zacharer v. Wakefield, 291 Mass. 90, decides that, as matter of law, a hole or depression in the highway, caused by a breaking away of the macadam surface of a road where it joins the dirt shoulder, is not a defect; the plaintiff, for his part, contends, that it is a…