(Download) "Walker v. Nickerson" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Walker v. Nickerson
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 12, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
FIELD, Justice. This is an action of tort brought in the District Court to recover compensation for personal injuries to the plaintiff caused by the defendant's cow. The trial Judge denied certain requests for rulings made by the defendant and ruled as requested by the plaintiff. The defendant claimed to be aggrieved and the Judge reported these rulings to the Appellate Division. The report was dismissed and the defendant appealed. The appeal brings before us for review only the rulings of law made by the trial Judge, and reported by him to the Appellate Division, and the action of the Appellate Division thereon. Duggan v. Matthew Cummings Co., 277 Mass. 445, 449, 178 N.E. 825. No question based on the pleadings is open. No such question appears to have been raised or passed upon by the trial Judge or is reported. Weiner v. D. A. Schulte, Inc., 275 Mass. 379, 384, 176 N.E. 114. Consequently the rulings of the trial Judge cannot be reversed if they were correct on the evidence under any legal form of declaring. Compare Lincoln Park Garage v. Devonshire Financial Service Corp., 277 Mass. 303, 305, 178 N.E. 739.