Catania v. Town of Barnstable

The plaintiff brought an action of tort against the town of Barnstable (town) and Powers Contracting Corp. (Powers) to recover for injuries sustained when the automobile which she was driving struck a depression in the road (Pond Street — a public way in the defendant town), thereby causing the automobile to go off the road and strike a tree. There was evidence that under a contract with the town, Powers had been engaged for seven months in doing construction work on about 3,900 feet of Pond Street; that on April 22, 1969, at 9:15 p.m., the plaintiff, while driving home on Pond Street during…