Saba v. Khouri
| Decision Date | 11 June 1970 |
| Citation | 260 N.E.2d 649,357 Mass. 783 |
| Parties | George SABA v. John KHOURI. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
J. Sheffield Dow, Boston, for plaintiff.
John T. Donahue, Boston, for defendant.
Before WILKINS, C.J., and CUTTER, KIRK, SPIEGEL and QUIRICO, JJ.
RESCRIPT.
At the original trial of this action (described as an acton of contract but actually one in tort for deceit) in the Municipal Court of the City of Boston, the trial judge made a finding for the plaintiff. The defendant filed a motion for a new trial which the judge denied. The Appellate Division ordered a new trial. At the second trial before another judge there was a finding for the defendant. The sole issue before us is whether the Appellate Division was in error in vacating the finding for the plaintiff in the first trial and ordering a new trial. We are satisfied from our review of the record that the Appellate Division was warranted in ordering a new trial to prevent a miscarriage of justice. See G.L. c. 231, § 108; Tuttle v. Brown, 10 Cush. 262, 264--265.
Orders of Appellate Division affirmed.
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Torre v. Harris-Seybold Co.
...500, 507, 198 N.E. 753 (1935); Spiller v. Metropolitan Transit Authy., 348 Mass. 576, 580, 204 N.E.2d 913 (1965); Saba v. Khouri, 357 Mass. 783, 260 N.E.2d 649 (1970). See also Davis v. Boston Elev. Ry., 235 Mass. 482, 502, 126 N.E. 841 (1920); Hartmann v. Boston Herald-Traveler Corp., 323 ......
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Evans v. Multicon Const. Corp.
...292 Mass. 500, 507, 198 N.E. 753 (1935); Spiller v. Metropolitan Transit Authy., 348 Mass. at 580, 204 N.E.2d 913; Saba v. Khouri, 357 Mass. 783, 260 N.E.2d 649 (1970). We think, to the extent that the comments by Evans' attorney were "inflammatory, misleading and prejudicial," that it coul......
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