Brown v. Sewell

1. The portion of the judgment which awarded the plaintiff possession and costs is to be reversed, and a new judgment is to enter dismissing the claim insofar as it seeks possession, with a notation that the dismissal is not on the merits but on the ground of mootness. 2. The defendant argues that the judge erred in not awarding damages to her for retaliatory eviction under G. L. c. 186, § 18, her contention being that the evidence was not clear and convincing enough to overcome the rebuttable presumption, created by that section, that the eviction notice was in reprisal for her having…