Moschella v. City of Quincy

Moschella seeks damages from the city in this action of tort under Gr. L. c. 84, § 15, for injuries sustained on September 17,1960, because of a defect in a pub-*81lie way. The case was submitted on a written stipulation which meets the requirements of a case stated. See Hayes v. Lumbermens Mut. Cas. Co. 310 Mass. 81, 83; Quintin Vespa Co. Inc. v. Construction Serv. Co. 343 Mass. 547, 551-552. The judge made a finding for the city.

Moschella, who filed a bill of exceptions and an appeal (see Gr. L. e. 231, § 96), cannot pursue both methods of review. Royal Paper Box Co. v. Munro & Church Co. 284…