Quinby v. Boston & M. R. R‪.‬

FIELD, Chief Justice. This action of tort was brought in the Municipal Court of the City of Boston to recover compensation for damage to an automobile alleged to have been caused by the negligence of the defendant, the Boston and Maine Railroad, its agents or servants. The Judge found for the plaintiff and refused to make certain rulings requested by the defendant. In denying one of these requests the Judge made the special finding that 'the gate tender was negligent.' A report to the Appellate Division was dismissed and the defendant appealed to this court. There was no error in the refusal of the requests.