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James M. Luddy v. Old Colony Street Railway Company
Hammond, J.
Upon this agreed statement of facts it could not be ruled as matter of law that the defendant was negligent. That question was one of fact and not of law; therefore in finding for the defendant the judge is not shown to have made any error of law. See Cunningham v. Connecticut Fire Ins. Co. 200 Mass. 333, and cases there cited.
Judgment affirmed.
