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McCARTHY v. BOSTON CITY HOSPITAL

358 Mass. 639 (1971)

266 N.E.2d 292

JOHN R. McCARTHY vs. BOSTON CITY HOSPITAL & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 3, 1971.

Attorney(s) appearing for the Case

John Kimball, Jr., for the plaintiff.

Robert G. Conley (Jacob J. Locke with him) for Alfred W. Branca.

Gerard A. Powers, Assistant Corporation Counsel, for the Boston City Hospital.

Present: TAURO, C.J., SPALDING, REARDON, & QUIRICO, JJ.

SPALDING, J.

This is an action of tort for malpractice. It comes here on the plaintiff's bill of exceptions following a jury trial which resulted in verdicts for the plaintiff against Dr. Alfred W. Branca (Dr. Branca) and Boston City Hospital (hospital). The judge recorded the verdicts under leave reserved and thereafter granted motions of the defendants that verdicts be entered for the defendants.

A summary of the evidence most favorable to the plaintiff...

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