The knot was visible 'above the lapels of his shirt.' The only stop that the plaintiff made on the first floor was immediately in front of the exit in order to put on his ascot.
Just prior to exiting through the outside door of the store, he stopped, took the ascot out of his pocket, put it around his neck, and knotted it. After purchasing a sport coat and leaving it for alterations, he put on his hat and coat and walked downstairs. He removed his hat, topcoat and ascot, putting the ascot in his pocket. '(A)round his neck' he wore an ascot which he had 'purchased * * * previously at Filenes.' He proceeded to the second floor of Kennedy's to purchase a sport coat. He was wearing a woolen shirt, which was 'open at the neck,' a topcoat and a hat. He was seventy years of age and about five feet four inches in height. On March 5, 1965, the plaintiff went to Kennedy's, Inc. We state the pertinent evidence most favorable to the plaintiff.
The case is here on the defendants' exceptions to the denial of their motion and to the refusal of the trial judge to give certain requested instructions to the jury. The jury returned verdicts for the plaintiff in the sum of $12,500. 1 At the close of the evidence the defendants filed a motion for directed verdicts which was denied. This is an action of tort for false imprisonment.
Kaplan, Boston (Julian Soshnick, Boston, with him) for plaintiff.īefore TAURO, C.J., and SPALDING, SPIEGEL, REARDON and BRAUCHER, JJ. Supreme Judicial Court of Massachusetts, Suffolk.