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BURROUGHS v. COMMONWEALTH

423 Mass. 874 (1996)

JAMES A. BURROUGHS & another, administrators, v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Norfolk.

December 9, 1996.

Attorney(s) appearing for the Case

Rosemary S. Gale, Assistant Attorney General, for the Commonwealth.

John B. Connarton, Jr. (Maria Elisa Ciampa with him) for the plaintiffs.

Present: WILKINS, C.J., ABRAMS, O'CONNOR, & FRIED, JJ.

O'CONNOR, J.

The Commonwealth appeals from the denial of its motion for judgment notwithstanding the verdict or, in the alternative, for a new trial. We transferred the case from the Appeals Court to this court on our own initiative. We reverse the judgment entered in the Superior Court and order that judgment be entered for the Commonwealth.

The plaintiffs brought this action against the Commonwealth under G. L. c. 258 (1994 ed.), the Massachusetts

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