[DOWNLOAD] "Gaw v. Hew Const. Co. (Two Cases)" by Supreme Court of Minnesota " Book PDF Kindle ePub Free
eBook details
- Title: Gaw v. Hew Const. Co. (Two Cases)
- Author : Supreme Court of Minnesota
- Release Date : January 25, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
DOLAN, Justice. These are two actions of tort. The first is brought to recover compensation for personal injuries sustained under circumstances which will be hereinafter described. The second action is for consequential damages. The actions were tried together before a Judge of the Superior Court, without a jury, who made certain findings of fact and found for the defendant in each case. The cases come before us on the plaintiffs exceptions to the denial of certain requests for rulings which were predicated on all the evidence, and on their exceptions to the general findings of the Judge for the defendant. None of the evidence is set forth in the record, but it is therein stated that there was evidence which would warrant the findings of the Court. In these circumstances the exceptions to the denial of the requested rulings cannot be sustained, because they rest on the sufficiency of evidence which is not set out in the record. Barnes v. Springfield, 268 Mass. 597, 504, 168 N.E. 78; Household Engineers, Inc. v. Ryder, 277 Mass. 523, 178 N.E. 824. While the plaintiffs pursued the correct practice by the requested rulings to raise the question of law whether the evidence was sufficient to warrant findings for them, they rendered the exceptions to their denial ineffective by failure to see that the bills of exceptions included all that is necessary to decide whether the denial was or was not erroneous. See Forbes v. Gordon & Gerber, Inc., Mass., 9 N.E.2d 416, and cases cited. See, also, Posell v. Herscovitz, 237 Mass. 513, 516, 130 N.E. 69, and cases cited.