Welsh, J.
The defendant appeals the denial of its motion for involuntary dismissal under Mass. R. Civ. P., Rule 41(b) (2) made at the close of the plaintiff's case and renewed at the close of all the evidence. The court entered judgment for the minor plaintiff and awarded damages in the amount of $9,500.00.
We determine there was error.
In acting upon a motion for involuntary dismissal pursuant to Mass. R. Civ. P., Rule 41(b) (2), the test is the same...
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