Nagle v. Regan

1. The judge’s third ruling (conclusion) of law was correct. DePasqua v. Bergstedt, 355 Mass. 734, 736 (1969). 2. His ninth finding of fact was warranted by the evidence and cannot be pronounced “clearly erroneous” (see Building Inspector of Lancaster v. Sanderson, 372 Mass. 157, 160-161 [1977], and cases cited) within the meaning of Mass.R.Civ.P. 52(a), 365 Mass’. 816 (1974). See Blanchette v. Blanchette, 362 Mass. 518, 523-524 (1972), and cases cited. 3. The plaintiff was not entitled to a new trial by reason of the fact (if it was such) that the judge had expressed to both counsel a…