Gahn v. Leary

The plaintiff, who was the husband of Margaret Gahn, deceased, brings an action of tort against a medical examiner for the county of Suffolk for allegedly performing an illegal autopsy on the body of Margaret Gahn. At the conclusion of the evidence the judge, subject to the plaintiff’s exception, granted the defendant’s motion for a directed verdict. The correctness of this ruling is the sole question presented.

The defendant’s motion was based “on the pleadings and the evidence.” One effect of the motion was to raise the question whether the allegations in the declaration, if proved, entitled…