Engel v. Checker Taxi Co‪.‬

RUGG, C. J. This is an action of tort to recover compensation for personal injuries to the plaintiff's testator while he was a pedestrian upon a public way. The case finally rested on a count alleging that the injuries of the testator arose out of the negligence of one driving an automobile owned and operated by the defendant. The case was tried by a Judge without a jury. At the Conclusion of the evidence the defendant requested a finding and ruling that the plaintiff had failed to show negligence on the part of the defendant, and another, not material to the grounds of this decision, relating to damages. The trial Judge found for the defendant. In connection therewith the filed what is termed a 'finding and ruling.' Therein it is stated: 'No witness of the accident was produced at the trial. The testimony as to the accident was confined to certain statements made by the deceased shortly after the accident, the answers of the defendant to certain interrogatories propounded by the plaintiff, a stiff brimmed straw hat worn by the deceased at the time of the accident, and the nature and extent of the physical injuries to the deceased.' Then follows a fair summary of the evidence introduced. There is no recital that any of the evidence was found to be true. The case comes before us by report, the concluding part of which is in these words: 'Save as expressly or by necessary implication given in the foregoing findings and rulings, I denied the defendant's requests, and the defendant duly excepted thereto. To my ruling and finding, the plaintiff duly saved the following exceptions: '1. That upon all the evidence the plaintiff was entitled to recover. 2. Upon all the evidence the Judge erred in finding and ordering a judgment for the defendant. 3. Upon all the evidence the defendant was guilty of negligence. 4. Upon all the evidence the plaintiff's testator was in the exercise of due care.' I herewith report this case to the Supreme Judicial Court for determination upon the questions of law raised by the exceptions properly saved by the respective parties.' The plaintiff filed no requests for rulings.