Keeney v. Ciborowski

COX, Justice. The defendant appealed from the order of the Appellate Division for the Western District dismissing the report of the trial Judge, who, at a second trial of the action, found for the plaintiff. Although the record contains the report of the former trial and the order of the Appellate Division thereon for a new trial, we consider only the record of the second trial, since the plaintiff does not contend that the order for a new trial was erroneous. See Real Property Co., Inc. v. Pitt, 230 Mass. 526, 120 N.E. 141; Weiner v. Pictorial Paper Package Corp., Mass., 20 N.E.2d 458; Kraiterman v. Boston, Mass., 21 N.E. 231.