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FREEMAN v. WOOD

379 Mass. 777 (1980)

401 N.E.2d 108

G. TIMOTHY FREEMAN vs. ROBERT F. WOOD, JR.

Supreme Judicial Court of Massachusetts, Worcester.

February 8, 1980.

Attorney(s) appearing for the Case

Marc J. Shepcaro for the plaintiff.

Philip I. Tirrell for the defendant.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, WILKINS, & ABRAMS, JJ.

KAPLAN, J.

This appeal attacks the "additur" procedure, which appears in Mass. R. Civ. P. 59 (a), 365 Mass. 827 (1974), as a counterpart of the "remittitur" procedure,1 on the ground that it conflicts with art. 15 of our Declaration of Rights which guarantees trial by jury of civil causes.2

In an action in Superior Court, county of Worcester, for personal injuries resulting from a collision of vehicles...

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