| Mass. | Nov 17, 1926
The only point argued by the defendant is that the first of his several requests for rulings, to the effect that upon all the evidence the plaintiff is not entitled to recover, ought to have been granted. That was in substance a request for a directed verdict. Under Common Law Rule 44 of the Superior Court (1923) the question whether the court should order a verdict must be raised by motion and not by a request for instructions. That is a valid rule and
If, however, the merits be considered, there was ample evidence of gross negligence on the part of the defendant causative in injuring the plaintiff. Massaletti v. Fitzroy, 228 Mass. 487" court="Mass." date_filed="1917-10-29" href="https://app.midpage.ai/document/massaletti-v-fitzroy-6434197?utm_source=webapp" opinion_id="6434197">228 Mass. 487. Altman v. Aronson, 231 Mass. 588" court="Mass." date_filed="1919-01-04" href="https://app.midpage.ai/document/altman-v-aronson-6434624?utm_source=webapp" opinion_id="6434624">231 Mass. 588, 591. The case is quite distinguishable from Burke v. Cook, 246 Mass. 518" court="Mass." date_filed="1923-11-27" href="https://app.midpage.ai/document/burke-v-cook-6436393?utm_source=webapp" opinion_id="6436393">246 Mass. 518, Shriear v. Feigelson, 248 Mass. 432" court="Mass." date_filed="1924-04-08" href="https://app.midpage.ai/document/shriear-v-feigelson-6436617?utm_source=webapp" opinion_id="6436617">248 Mass. 432, and similar decisions.
Exceptions not argued of course are treated as waived.
Exceptions overruled.