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action affirmed alleged allowed amended appeal applied argues argument authority Best Board cause charge child circumstances claim Commission Commissioner common Commonwealth compensation complaint conclude conduct consider constitutional conviction counsel crime criminal Curtiss-Wright damages death decision defendant defendant's denied Department determine direct dismiss District District Attorney effect employee error evidence fact filed further hearing held indicated injury instructions interest involved issue judge judge's judgment Judicial jury justice LAW LIBRARY Legislature limited loss Mass Massachusetts matter ment motion murder negligence notice officer opinion parent parties penalty person plaintiff police present prior proceedings provision punishment question reasonable record request result returned rule sentence Smith standards statement statute suggestive Superior Court supra testified testimony tion tort trial United UNIVERSIT UNIVERSITI violation warrant Wilson witness