PORTER v. CLERK OF THE SUPERIOR COURT


368 Mass. 116 (1975)

330 N.E.2d 206

BONITA PORTER & another vs. CLERK OF THE SUPERIOR COURT & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 10, 1975.


Attorney(s) appearing for the Case

Marvin K. Rosnick (Michael J. Ravelli with him) for the plaintiffs.

Howard J. Whitehead, Assistant Attorney General, for Clerk of the Superior Court for the county of Worcester.

Robert B. Shumway, for Chain Haulage, Inc., & another, interveners, submitted a brief.

Present: TAURO, C.J., BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.


TAURO, C.J.

This case is before us on a reservation and report by a single justice of this court. The sole issue is whether St. 1974, c. 224, § 1, amending G.L.c. 231, § 6B, is to be given retroactive effect, and thus whether the newly-established interest rate of eight per cent is to be applied to plaintiffs' damages from the date of the writ. We hold that the amendment was not meant to have fully retroactive effect, and that the eight per cent rate is...

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