KENNEDY v. OLDHAM


1997 Mass. App. Div. 171 (1997)

Joseph Kennedy, and another v. Walter P. Oldham, and another

Massachusetts Appellate Division, Southern District.

October 15, 1997.


Attorney(s) appearing for the Case

James R. McMahon, Jr., for the plaintiffs.

Gerald M. Kirby and Thomas J. Gallitano for the defendants.

Present: Aguiar, P.J., Minehan & Belford, JJ.


Aguiar, J.

This appeal raises the issue of whether the Court erred in allowing requests of law phrased as "the evidence warrants a finding for the defendants" and then making findings and a judgment in favor of the plaintiffs.

We find no error.

This case deals with negligence in the placement of a house in violation of wet land restrictions.

The facts are as follows:

Plaintiffs hired the defendant McKenna, a general contractor, to build...

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