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BELMONTE v. CAPODILUPO

332 Mass. 134 (1954)

123 N.E.2d 376

TERESA BELMONTE, administratrix, vs. EMANUELA CAPODILUPO.

Supreme Judicial Court of Massachusetts, Suffolk.

December 30, 1954.

Attorney(s) appearing for the Case

Thomas A. Brett, for the plaintiff.

John Santoro, for the defendant.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.

SPALDING, J.

This is an action of tort for death in which the plaintiff had a verdict which was recorded under leave reserved. Thereafter, subject to the plaintiff's exception, the judge entered a verdict for the defendant. The case comes here by report and the only question for decision is whether there was a case for the jury. See Berwick & Smith Co. v. Salem Press, Inc. 331 Mass. 196.

The evidence was...

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