McNamara v. Needham

In this case, the trial judge being of the opinion that an interlocutory finding and order made by him ought to be reviewed by us before any further proceedings in the trial, reported the case under the provisions of G. L. c. 231, §108.

This is an action of tort, to recover damages for personal injuries arising out of an alleged assault and battery on the plaintiff by the defendant Needham. The defendants *115each filed an answer in abatement and motion to dismiss.

At a hearing on the answers in abatement and motions to dismiss, the following evidence was introduced:(1) The defendants were served…