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eBook details

• Title: Leontine Turcotte v. Marines E. Dewitt
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 30, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

In an action for death, interest on the damages from the date of the writ ought to have been added by the jury in making up their verdict pursuant to G. L. (Ter. Ed.) c. 229, § 11, and could not be added by the clerk after verdict under c. 231, § 6B, inserted by St. 1946, c. 212, § 1, as amended by St. 1951, c. 244, even though such interest was not referred to in the charge nor included in the verdict. [390-391] Under G. L. (Ter. Ed.) c. 235, § 8, it was proper to deny a motion by the defendant in an action to be relieved of interest from the time when, after a rescript from this court, the action would have been ripe for judgment in favor of the plaintiff but for a motion which was then filed by the plaintiff seeking interest from the date of the writ and was subsequently held by this court to have been erroneously allowed in the trial court. [393]

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