5 Mass. App. Ct. 883 | Mass. App. Ct. | 1977
1. We do not consider the question of the competency of the fire chief to testify that no gas was involved in the fire which occurred on January 25, 1970, because no appeal was taken from the judgments and because no such question was raised by the first set of appeals in these cases. See Levenson v. Brockton-Taunton Gas Co., 3 Mass. App. Ct. 799 (1975). 2. There was no abuse of discretion in denying the common plaintiff’s motions for reconsideration of her original motions for a new trial or her consolidated motion for a new trial based on (allegedly) newly discovered evidence and which, as amended, also sought relief under Mass.R.Civ.P. 60(b)(3), 365 Mass. 828 (1974). It is clear from the truncated portions of the 1973 pretrial deposition of the defendant’s general superintendent and the 1974 trial transcript which have been reproduced in the appendix and the narrative of events found in the plaintiff’s present brief that she had no legitimate basis for claiming unfair surprise concerning, or misrepresentation or deception by the defendant (or its counsel) in connection with, the (alleged) nondisclosure of information as to the type and model of gas pressure regulator which had been installed in the premises and which, for some unexplained reason, had apparently disappeared following the fire. The plaintiff already knew (from her own expert) the size of the regulator and the name of its manufacturer prior to the deposition; the interro-
So ordered.