Legal Opinion
O'SHAUGHNESSY v. Besse
Massachusetts Appeals Court
Decided June 8, 1979PublishedCited by 42 opinions
1Opinion of the CourtKass, J.
After the jury brought in a special verdict finding that the negligence of the defendants contributed to the marine accident in which the plaintiff was injured, the trial judge allowed a motion for judgment notwithstanding the verdict. Mass.R.Civ.P. 50 (b), 365 Mass. 814 (1974). There was no error.
When acting on a motion for judgment notwithstanding the verdict, courts are limited to the question whether, when all the evidence is considered most favorably to the plaintiff, "the evidence is such that, without weighing the credibility of the witnesses or otherwise considering the weight of the…
2Cases cited26 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
- Samuel Simblest v. Joseph MaynardCourt of Appeals for the Second Circuit · 1970
- Fireman's Fund Insurance Co., in No. 75-2405 v. Videfreeze Corporation, and David E. Chinnery Development Corp., Inno. 75-2406Court of Appeals for the Third Circuit · 1976
- Alholm v. Town of WarehamMassachusetts Supreme Judicial Court · 1976
21 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Corsetti v. Stone Co.Massachusetts Supreme Judicial Court · 1985
- Tosti v. AyikMassachusetts Supreme Judicial Court · 1985
- Madan v. Royal Indemnity Co.Massachusetts Appeals Court · 1989
- Conway v. SmerlingMassachusetts Appeals Court · 1994
- Suffolk Construction Co. v. Lanco Scaffolding Co.Massachusetts Appeals Court · 1999
37 more not listed; retrieve them via the Exa API.