Daly v. Commonwealth

I am in full agreement with the majority opinion. But once again I am compelled to comment on the conduct of a member of the bar.

When it came to its motion for summary judgment, the Commonwealth was prepared to admit that the plaintiff would be entitled to payment for services rendered — if the special fund contained enough money to pay him. A mere six months earlier, however, in responses to the plaintiff’s requests for admissions, there was a seeming reluctance to admit anything. As one example, consider the response to a request for an admission that “The Plaintiff was responsible, at all…