Poulin v. H. A. Tobey Lumber Corp.

This is an action of tort for personal injuries. The plaintiffs’ declaration is in two counts. Under count one, the plaintiff, Agnes Poulin, seeks to recover damages for personal injuries sustained on August 10, 1955 when she was struck by pieces of lumber which allegedly fell from a passing truck and injured her, while she was walking along the sidewalk on Exchange Street, Malden, Mass. The *114plaintiff Robert P. Poulin, her husband, seeks under count two of the declaration to recover consequential damages.

The trial court found for each plaintiff. The defendant duly filed the following request…