O'SHAUGHNESSY v. BESSE


7 Mass. App. Ct. 727 (1979)

389 N.E.2d 1049

THOMAS F. O'SHAUGHNESSY vs. HARRY C. BESSE & others.

Appeals Court of Massachusetts, Plymouth.

June 8, 1979.


Attorney(s) appearing for the Case

Francis J. Lynch for Thomas F. O'Shaughnessy.

Marcus E. Cohn for Harry C. Besse & another.

Charles R. Desmarais for the town of Wareham.

Present: GRANT, PERRETTA, & KASS, JJ.


KASS, J.

After the jury brought in a special verdict finding that the negligence of the defendants contributed to the marine accident in which the plaintiff was injured, the trial judge allowed a motion for judgment notwithstanding the verdict. Mass.R.Civ.P. 50 (b), 365 Mass. 814 (1974). There was no error.

When acting on a motion for judgment notwithstanding the verdict, courts are limited to the question whether, when all the evidence is considered most...

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