DECKER v. BERKSHIRE GAS COMPANY


360 Mass. 78 (1971)

271 N.E.2d 642

E. HAMPTON DECKER & others vs. BERKSHIRE GAS COMPANY & another.

Supreme Judicial Court of Massachusetts, Berkshire.

June 30, 1971.


Attorney(s) appearing for the Case

Philip H. Grandchamp for the plaintiffs.

Ronald E. Oliveira for the defendants.

Present: TAURO, C.J., CUTTER, REARDON, & BRAUCHER, JJ.


TAURO, C.J.

We are here concerned with the defendants' exceptions to the judge's dismissal of their bill of exceptions (first trial), refusal to direct verdicts for the defendants (second trial), and instructions to the jury (second trial).

The plaintiffs brought an action of tort arising out of a motor vehicle accident against the Berkshire Gas Company and its employee, Albert J. Tessier. On June 1, 1967, jury verdicts were returned for the plaintiffs. Thereafter...

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