333 Mass. 769 | Mass. | 1956
Order dismissing report affirmed. The plaintiff in this action of tort seeks to recover for personal injuries alleged to have been sustained as a result of being struck by a bus of the defendant. The judge made brief findings of fact and ordered judgment for the defendant. A report to the Appellate Division was dismissed and the plaintiff appealed. The questions for decision arise out of the judge’s denial of the plaintiff’s requests numbered 1, 2, 3, and 5. We need not concern ourselves with the fifth request. Viewed as a request for a ruling of law it assumed the existence of facts which the judge did not and was not obliged to find. Cameron v. Buckley, 299 Mass. 432, 434. If treated as a request for a finding of fact it was properly denied. Dolham v. Peterson, 297 Mass. 479, 481. The first and third requests in effect asked for rulings that a finding for the plaintiff was warranted. The second request asked the judge to rule that a finding was warranted that the plaintiff was not guilty of contributory negligence. No prejudicial error has been shown. It is apparent from reading the findings of the judge that she con-
