Smith v. Baystate Towing, Inc.

This is an action in negligence to recover for damage to plaintiff James Smith’s (“Smith”) boat resulting from excessive water turbulence caused by the propellers of tug boats operated by defendant Bay State Towing, Inc. (“Bay State”). After a jury waived trial, the court made a finding for Smith and entered judgment in his favor in the amount of $8,500.00, plus interest and costs.

The sole issued argued by Bay State on this Dist./Mun. Cts. R. A. D. A., Rule 8C, appeal is whether the trial judge erred in allowing Smith to reopen his case to present additional testimony after both parties had…