Mulrey v. Old Colony Construction Co.

(This opinion has been abridged).

Gadsby, P. J.

This is an action of tort by three plaintiffs, one of whom was an operator of an automobile and the others passengers. The plaintiffs’ substitute declaration alleges that the defendant was engaged in making of repairs on a street and that in making such repairs that the street was allowed to remain in a dangerous and defective condition and that the defendant failed to erect and maintain suitable barriers to warn the plaintiffs of the existing dangerous and defective condition, as a result of which the automobile struck a sewer or Watergate,…