301 Mass. 317 | Mass. | 1938
This is an action of contract brought in the Municipal Court of the West Roxbury District of the City of Boston to recover damages for breach of a contract to clean a rug in a good and workmanlike manner. The case, so far as appears, was tried solely upon oral evidence. The defendant made requests for rulings, all of which were
The order dismissing the report was right.
Clearly the defendant cannot be heard to complain that its requests for rulings were granted and we need not consider whether these rulings were right. Woodman v. Haynes, 289 Mass. 114, 118. Baker v. Davis, 299 Mass. 345, 348. Refusal of these requests for rulings expressly granted cannot be implied from the finding for the plaintiff. The question of inconsistency between these rulings and the finding for the plaintiff obviously was not raised before the finding was made, and it is at least doubtful whether it is presented by the report in the absence of a motion for a new trial based on this ground. See Duralith Corp. v. Leonard, 274 Mass. 397, 401. But even if we assume that the question of inconsistency is presented by the report, the finding for the plaintiff was not inconsistent with the rulings made if the evidence warranted a finding of negligence on the part of the defendant. And the question whether the evidence warranted such a finding was not reported. Nor was the question reported whether the evidence warranted a finding for the plaintiff on any ground, either under the declaration or in any form of declaring. Such questions of law with respect to the sufficiency of the evidence are not presented merely by a report, as here, of a finding for the plaintiff. If the defendant wished to raise any of these questions it was essential
Order dismissing report affirmed.
