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MURPHY v. CONWAY

360 Mass. 746 (1972)

277 N.E.2d 681

ROBERT M. MURPHY, administrator, vs. JAMES F. CONWAY.

Supreme Judicial Court of Massachusetts, Suffolk.

January 10, 1972.

Attorney(s) appearing for the Case

Thomas B. Shea & Joseph A. Caulfield for the plaintiff.

Charles J. Dunn for the defendant.

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

TAURO, C.J.

In an action of tort for medical malpractice, the jury returned a verdict for the defendant on the first count for wrongful death and the trial judge directed a verdict for the defendant on the second count for conscious suffering. The plaintiff's exceptions are to a certain portion of the judge's charge to the jury,1 to his order for a directed verdict on count 2, and to the exclusion of certain evidence.

The pertinent...

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