Scaccia v. Boston Elevated Ry.
Citation | 308 Mass. 310,32 N.E.2d 253 |
Parties | CONSTANCE SCACCIA v. BOSTON ELEVATED RAILWAY COMPANY. |
Decision Date | 24 February 1941 |
Court | United States State Supreme Judicial Court of Massachusetts |
October 9, 1940.
Present: FIELD, C.
J., DONAHUE, DOLAN COX, & RONAN, JJ.
Practice, Civil Report.
Section 111 of G L. (Ter. Ed.) c. 231, gave no authority for a report by a judge of the Superior Court, after a finding for the defendant, of an action submitted to him on a statement of agreed facts "for determination of the question whether on the agreed statement of facts and the inferences which may be drawn from them there was any evidence of negligence on the part of the defendant," it being "agreed and stipulated" that this court might "draw from the agreed facts any inferences of fact that might have been drawn therefrom at a trial," judgment to be entered for the plaintiff if "there was any evidence of negligence," otherwise judgment to be entered for the defendant.
TORT. Writ in the Superior Court dated July 17, 1936. The case was reported by Williams, J.
E. J. Donlan, for the plaintiff, submitted a brief.
S. P. Sears, (R.
Maguire with him,) for the defendant.
COX, J. Trial by jury of this action of tort was waived, and it was stipulated that if on the statement of agreed facts the trial judge would have been warranted in submitting the case to a jury he should find for the plaintiff in a stated sum, but if, as matter of law, the plaintiff was not entitled to recover, he should find for the defendant. He found for the defendant and reported the case to this court in the following terms We are of opinion that the report is not properly before us.
The only authority for a report of this case is found in G. L. (Ter. Ed.) c. 231, Section 111, which provides, so far as material, as follows: See Frati v. Jannini, 226 Mass. 430 , where it was said, at page 431, that the accurate phrase to express the way of reporting a case where there is an agreement as to all the material facts is "case stated," although not infrequently the words "agreed facts" or "agreed statement of facts" are used. It was also said in that case, at page 432: "Often a difficulty of construction arises to determine whether, on the one hand, the document stating facts is a or whether, on the other hand, it is merely a part or the whole of the evidence in the case or a statement of agreed facts submitted as evidence from which by inference or otherwise the ultimate facts are to be deduced. . . . That question assumes importance now by reason of St. 1913, c. 716, Section 5 [see now G. L. (Ter. Ed.) c. 231, Section 126] whereby it is provided that inferences of fact may be drawn on a unless parties expressly agree to the contrary. . . .
It does not appear in the report that it was made upon request of the parties, although we assume, without deciding, that this may be inferred from the fact that it was agreed and stipulated that this court might draw from the agreed facts any inferences of fact that might have been drawn therefrom at a trial.
In Atlantic Maritime Co. v. Gloucester, 228 Mass. 519 , the case was submitted by stipulation to a judge of the Superior Court on an "agreed statement of facts submitted as evidence" (page 520), and the judge reported the case without decision "in accordance with the provisions of St. 1917, c. 345" (see now G. L. [Ter. Ed.] c. 231 Section 111). It was said in that case, at pages 521 and 522: ...
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