MORREALE v. DeZOTELL


10 Mass. App. Ct. 281 (1980)

406 N.E.2d 1311

JAMES B. MORREALE vs. KAREN DeZOTELL.

Appeals Court of Massachusetts, Middlesex.

July 17, 1980.


Attorney(s) appearing for the Case

Thomas J. Casey for the plaintiff.

James R. Burke for the defendant.

Present: BROWN, DREBEN, & KASS, JJ.


DREBEN, J.

In this action for malicious prosecution of the plaintiff by the defendant on a charge that the plaintiff committed an assault and battery upon the defendant's twelve year old son, the jury found for the plaintiff. The judge, on the defendant's motion, entered a judgment for the defendant notwithstanding the verdict. We affirm.

The sole question before us is whether the issue of want of probable cause on the part of the defendant in the circumstances...

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