Legal Opinion
Hemenway v. Shaw's Supermarket, Inc.
Massachusetts District Court, Appellate Division
Decided May 11, 1998PublishedCited by 5 opinions
1Opinion of the CourtWelsh, J.
The defendant appeals the denial of its motion for involuntary dismissal under Mass. R. Civ. R, 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 as a motion for a directed verdict, i.e., whether in the evidence any combination of circumstances could be found from which a reasonable inference could be…
2Cases cited11 opinions
- Enrich v. Windmere Corp.Massachusetts Supreme Judicial Court · 1993
- Coyne v. John S. Tilley Co. Inc.Massachusetts Supreme Judicial Court · 1975
- Anthony H. v. John G.Massachusetts Supreme Judicial Court · 1993
- Mellinger v. Town of West SpringfieldMassachusetts Supreme Judicial Court · 1987
- Fredericks v. RosenblattMassachusetts Appeals Court · 1996
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ide v. Foreign Candy Co.Massachusetts District Court, Appellate Division · 2006
- Preston v. RaiaMassachusetts District Court, Appellate Division · 2008
- Gosselin v. Colonial Shopping CenterMassachusetts District Court, Appellate Division · 2009
- Benzaquin v. Friendly Ice Cream Corp.Massachusetts District Court, Appellate Division · 2003
- Podles v. Worcester Central Federal Credit UnionMassachusetts District Court, Appellate Division · 2001