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1 Mass. App. Ct. 801

Higgins v. Trefry

Massachusetts Appeals Court

Decided January 15, 1973

Massachusetts Appeals Court · decided 1973-01-15

Relies on Kinnear v. General Mills, Inc. · Hathaway v. Checker Taxi Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1973-01-15

How this case has been cited

Cited by 14 later decisions — most recently February 2013

2 district · 12 state decisions

4019731980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1This is an action of tort for personal injuries. The case was tried to a jury which returned verdicts for the defendant. The plaintiffs filed a motion for a new trial on the grounds that the verdicts were against the law, the evidence, and the weight of the evidence and that the judge had misdirected the jury in his charge in two areas. No exception was taken to the charge at the trial. The motion was denied, and the plaintiffs’ exception to the denial is now before us. Such a motion is addressed to the discretion of the judge. Kinnear v. General Mills, Inc. 308 Mass. 344, 348. Hathaway v. Checker Taxi Co. 321 Mass. 406, 412. We discern no abuse of this discretion. We have examined the part of the judge’s charge set out in the record and find no error.

¶2Exceptions overruled.

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