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DUFFY v. CAPOBIANCO

346 Mass. 48 (1963)

190 N.E.2d 116

CHARLES J. DUFFY vs. JOHN CAPOBIANCO.

Supreme Judicial Court of Massachusetts, Worcester.

May 6, 1963.

Attorney(s) appearing for the Case

Francis H. George for the plaintiff.

Berge C. Tashjian (Henry P. Monaghan with him) for the defendant.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.

KIRK, J.

In this action of tort for alleged negligence resulting in personal injuries to the plaintiff (Duffy) the only exception is to the entry of a verdict for the defendant under leave reserved following a verdict for the plaintiff. G.L.c. 231, § 120. The standard of review is familiar. Morton v. Dobson, 307 Mass. 394, 396. Adams v. Herbert, 345 Mass. 588, and cases cited.

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