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2 Mass. App. Dec. 58

Haskell v. Greenwood

Massachusetts District Court, Appellate Division · decided 1942-03-04

Relies on Holton v. American Pastry Products Corp. · Morse v. Homer's Inc.

Decided 1942-03-04

BRIGGS, J. (Estes, A. P. J. & Rollins, J.)

¶1These are cross actions which were tried together, and come to this Court on a consolidated report.

¶2Upon the conclusion of the introduction of evidence counsel for -Greenwood presented the following motion in the case of Haskell v. Greenwood:

¶3“Now comes the defendant in the above entitled cause and moves that the Court find for the defendant.”

¶4In the case of Greenwood v. Haskell he presented this motion—

¶5“Now comes the plaintiff in the above entitled eause and moves that a finding be made for the plaintiff in the sum of three hundred dollars ($300.00).’’

¶6Both motions were denied by the Court, and Greenwood, claiming to be aggrieved thereby requested this report.

¶7It is to be noted that no specifications were filed and no *59questions of law are properly before us. The rules of the District Courts contemplate that the basis of a report "to the Appellate Division shall be requests for rulings and not motions. Holton v. American Pastry Products Corp. 274 Mass. 268. Morse v. Homer’s Inc. 295 Mass. 606.

¶8We have examined the report, however, and can add that there was evidence before the trial court to support its findings. At most the motions could be construed only as raising this question. We find no error, and the entry in each case will be, Report dismissed.

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