Petition Graustein

FIELD, Chief Justice. This is a petition to establish the truth of exceptions of the plaintiff in the case of Graustein v. Barry, Mass., 26 N.E.2d 535, relating to his motion for a new trial. The exceptions were disallowed by the trial Judge. The petition must be dismissed for the reason, if not for other reasons, that 'even if the truth of the exceptions were established, no question of law of such gravity as properly to call for consideration of the court would be presented.' Commonwealth v. Vallarelli, 273 Mass. 240, 247, 173 N.E. 582, 584, and cases cited. The exceptions set forth in the bill of exceptions attached to the petition are to the denial of a motion of the plaintiff to amend his motion for a new trial and to the denial of the motion for a new trial. By the motion to amend the plaintiff sought in substance to add as a ground for a new trial the discovery of new evidence tending to show that testimony of the defendant at the trial was false. The Disposition of this motion to amend was within the discretion of the trial Judge, and his denial of this motion, in the absence of abuse of discretion, cannot be reversed here. See Norton v. Lilley, 214 Mass. 239, 101 N.E. 367; Waltham Bleachery & Dye Works v. Clark-Rice Corp., 274 Mass. 488, 491, 175 N.E. 174. No abuse of discretion appears. Even if the proposed amendment had been allowed it would have been within the discretion of the trial Judge, so far as the ground therein stated is concerned, to have denied the motion for a new trial. Manzigian v. Boyajian, 183 Mass. 125, 66 N.E. 413; Powers v. Bergman, 210 Mass. 346, 96 N.E. 674; Barrett v. O'Connell, 295 Mass. 515, 4 N.E.2d 312; Henry L. Sawyer Co. v. Boyajian, 298 Mass. 415, 10 N.E.2d 471.