BUKER v. MELANSON


8 Mass. App. Ct. 325 (1979)

393 N.E.2d 436

JAMES M. BUKER vs. JOHN W. MELANSON & another.

Appeals Court of Massachusetts, Barnstable.

September 4, 1979.


Attorney(s) appearing for the Case

Alan A. Green for the defendants.

Robert E. Noonan (J. Sheffield Dow & Robert A. Indresano with him) for the plaintiff.

Present: HALE, C.J., DREBEN, & KASS, JJ.


KASS, J.

The defendants appeal from a judgment entered on a jury's special verdicts. See Mass.R.Civ.P. 49(a), 365 Mass. 812 (1974).2 Specifically, they urge, that the court erred (1) in charging the jury on the issue of the defendants' negligence because that issue had not been properly raised by the plaintiff's complaint; (2) that the evidence was insufficient to support a finding of negligence; (3) that a photocopy of an undated letter...

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