Orasz v. Colonial Tavern, Inc.

This is an action of tort for assault and battery in which the original ad damnum was $2,000. After a trial in October, 1971, the plaintiff’s motion to increase the ad damnum to $10,000 was allowed and the court found for the plaintiff in the amount of $3,660.00.

During the course of the trial defendant made several requests for rulings, some of which were denied. Questions of law were reported to the Appellate Division, which dismissed the report on December 9, 1971.

The defendant appealed the dismissal of the report to the Supreme Judicial Court under G.L. c. 231, § 109, and did not, within…