Opinion
March 27, 1978.
No appeal to the Appellate Division was taken by defendant from a finding for the plaintiff by the District Court. On retransfer to the Superior Court a motion for directed verdict by defendant was allowed on conclusion of plaintiff's opening statement which included a statement that the District Court finding was to be put in evidence as part of plaintiff's case. A finding of the District Court for plaintiff warrants a verdict for plaintiff in the Superior Court. G.L.c. 231, § 102C; O'Brion, Russell Co. v. LeMay, 370 Mass. 243, 244-245 (1976). In the absence of the appeal to the Appellate Division, alleged errors of law inherent in that finding are not open to the Superior Court judge for review. Lubell v. First Nat'l Stores, Inc., 342 Mass. 161 (1961). Methuen Constr. Co. v. J. A. Builders, Inc., 4 Mass. App. Ct. 397 (1976). Judgment reversed.