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TASSINARI v. MASSACHUSETTS TURNPIKE AUTHORITY

347 Mass. 222 (1964)

197 N.E.2d 584

LILLIAN TASSINARI vs. MASSACHUSETTS TURNPIKE AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 12, 1964.

Attorney(s) appearing for the Case

Max Kabatznick (Edwin C. Hamada with him) for the petitioner.

Max C. Goldberg for the respondent.

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

SPIEGEL, J.

This is a petition for assessment of damages under G.L.c. 79. The jury viewed the locus. Upon conclusion of the petitioner's opening statement the court allowed a motion by the respondent for a directed verdict "upon the pleadings and the opening," to which the petitioner excepted.

When a verdict for the respondent is directed upon the pleadings and the opening statement, the "facts set forth in the opening...

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