Burke v. Toothaker

This is an action of tort brought in the Superior Court to recover damages for personal injuries sustained by the minor plaintiff (the plaintiff) and for consequential damages sustained by the plaintiff s father as the result of an accident which occurred on August 28, 1966, in a sand or gravel pit in Billerica owned by the defendant M & T Construction Corporation (M & T) and allegedly under the control of the defendant Toothaker. The declaration contains twelve distinct counts by which the plaintiff and his father separately allege that the plaintiff was injured by (1) the “wanton or…