ATHOS V. LONGO vs. METROPOLITAN DISTRICT COMMISSION.

ATHOS V. LONGO vs. METROPOLITAN DISTRICT COMMISSION.

353 Mass. 753

November 30, 1967

The petitioner brought a petition under G. L. c. 258, and c. 92, Section 36, to recover damages resulting from an alleged defect in a boulevard under the control of the respondent. During the trial the case was settled and an agreement for judgment was signed by the petitioner and his attorney. Following this a "certificate of judgment [was] issued" in accordance with the agreement. Subsequently, the petitioner filed a "motion to vacate judgment," which we treat as a petition to vacate judgment. After a hearing the "motion" was denied and the petitioner filed this "appeal to a motion denied." This case is not properly before us on appeal. Waltham Bleachery & Dye Works v. Clark-Rice Corp. 274 Mass. 488 , 490. Amolins v. Lubans, 346 Mass. 782 . Furthermore there is nothing in the record to indicate any abuse of discretion in the denial of the "motion."

Appeal dismissed.