Grey v. Eastern Tank Lines, Inc.

We find no error in the denial of the plaintiffs’ motion for new trial. Mass.R.Civ.P. 59, 365 Mass. 827 (1974). The record does not support the plaintiffs’ contention that the jury had misunderstood the judge’s instructions on the question of comparative negligence, since the judge had not instructed the jury on the effect of the answer to the special question which called upon them to apportion the percentages of negligence. Plaintiffs’ counsel did not request such an instruction, and there was no objection made to the charge as delivered. Narkin v. Springfield, 5 Mass. App. Ct. 489, 491…