Pillsbury Flour Mills Co. v. Bresky
| Decision Date | 17 March 1928 |
| Citation | 263 Mass. 145,160 N.E. 447 |
| Parties | PILLSBURY FLOUR MILLS CO. v. BRESKY et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Report from Superior Court, Suffolk County; Hugo A. Dubuque, Judge.
Action by the Pillsbury Flour Mills Company against Harry Bresky and others. After waiver of a jury and submission of the case to the court on the facts, case was reported. Report dismissed.
E. J. Owens, of Boston, for plaintiff.
Hurlburt, Jones & Hall, of Boston, for defendants.
This case came on to be heard in the superior court before a jury. During that trial certain exhibits were offered in evidence and admitted subject to the plaintiff's exceptions. At the close of the evidence ‘the jury was waived and the case was submitted to the court on the facts.’ Thereupon the judge, without making any ruling of law, undertook to report the case in the following words:
The power of a judge to report an action at law to this court, broad as it is, is confined to cases where there has been a verdict or a finding of the facts by the court or an agreement as to all the material facts. G. L. c. 231, § 111. No one of these essential prerequisites was complied with in the case at bar. The judge made certain rulings as to the admission of evidence, and found the damages, but there is no finding of essential facts. This court cannot be thus converted into a court of first instance. Atlantic Maritime Co. v. Gloucester, 228 Mass. 519, 522, 117 N. E. 924. The cases of Nagle v. Driver, 256 Mass. 537, 152 N. E. 740, and Paulino v. Concord, 259 Mass. 142, 155 N. E. 870, are direct authorities to the effect that the entry must be
Report dismissed.
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...to this court. Nagle v. Driver, 256 Mass. 537, 152 N.E. 740;Paulino v. Concord, 259 Mass. 142, 155 N.E. 870;Pillsbury Flour Mills Co. v. Bresky, 263 Mass. 145, 160 N.E. 447. The case is distinguishable from cases in which verdicts have been set aside only as to certain issues, Simmons v. Fi......
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Zwick v. Goldberg
... ... 537 ... Paulino v. Concord, 259 ... Mass. 142 ... Pillsbury Flour Mills Co. v. Bresky, 263 ... Mass. 145. The case is distinguishable ... ...
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Mathewson v. Colpitts
...Cases like Nagle v. Driver, 256 Mass. 537, 152 N. E. 740,Paulino v. Concord, 259 Mass. 142, 155 N. E. 870, and Pillsbury Flour Mills Co. v. Bresky, 263 Mass. 145, 160 N. E. 447, where attempted reports have been held to be beyond the power of trial judges, are distinguishable from the case ......
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...a general finding by him as well as after a verdict of a jury, but the statute provides for no such action. Pillsbury Flour Mills Co. v. Bresky, 263 Mass. 145, 160 N.E. 447. At the argument in this court the parties stated that they were agreed that the report should be treated as raising t......