GLAVINE v. GAUDETTE


335 Mass. 170 (1956)

138 N.E.2d 635

WILLIAM J. GLAVINE vs. CLARENCE GAUDETTE.

Supreme Judicial Court of Massachusetts, Middlesex.

December 10, 1956.


Attorney(s) appearing for the Case

Jack J. Moss, for the plaintiff, submitted a brief.

No argument nor brief for the defendant.

Present: WILKINS, C.J., RONAN, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


CUTTER, J.

This is an action of tort, brought in the District Court, to recover for property damage to the plaintiff's automobile. There was a finding for the plaintiff. On a report containing all the material evidence, the Appellate Division ruled that there was no evidence which would warrant the trial judge "in submitting any question of fact to himself as the jury," reversed the finding for the plaintiff and ordered a finding entered for the defendant.

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