Kelley v. Charles Capone Construction Co.

This is an action of tort to recover for damage to plaintiff’s motor trailer allegedly caused by the negligence of the defendant. The material part of the defendant’s answer is a general denial and an allegation of contributory negligence.

*173At the trial there was evidence tending to show that on November 9, 1954 the defendant corporation was repairing for the Commonwealth of Massachusetts, Department of Public Works, a portion of the state highway known as Route No. 140 in Foxboro, Massachusetts between Spring Street and Route No. 106; that during repair of the same, said portion of Route No.…