Massachusetts Supreme Judicial Court April 13, 1964 (Holmes v. Fitchburg & Leominster Street Railway Co.)

Spalding, J.

In this action of tort, in which the plaintiff Lillian Holmes (hereinafter called the plaintiff) had a verdict, several procedural questions have arisen.1 Since our answers to these questions are decisive of the case we do not reach the merits. There are also before us exceptions arising out of a petition to vacate judgment.

The First Case.