Palumbo v. Bambini

Massachusetts Supreme Judicial Court

Palumbo v. Bambini

4 N.E.2d 240, 295 Mass. 427, 1936 Mass. LEXIS 1146

CourtMassachusetts Supreme Judicial Court

DecidedOctober 6, 1936

StatusPublished

Cited by7 cases

This text of 4 N.E.2d 240 (Palumbo v. Bambini) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Palumbo v. Bambini, 4 N.E.2d 240, 295 Mass. 427, 1936 Mass. LEXIS 1146 (Mass. 1936).

Pincite

Opinion

By the Court.

This is an action of tort wherein the plaintiff seeks to recover compensation for personal injuries alleged to have been received by him on a highway through the negligence or the wilful, wanton and reckless conduct of the defendant in operating an automobile. The case was referred under the usual rule to an auditor whose findings of fact were not to be final. The case was then submitted to a judge of the Superior Court, sitting without a jury, on the auditor’s report' without other evidence. The finding was for the defendant. The plaintiff appealed from that finding.

The case is not rightly here. This is not one of the cases which can be brought before this court by appeal. G. L. (Ter. Ed.) c. 231, § 96. Samuel v. Page-Storms Drop Forge Co. 243 Mass. 133, 134. Mathews v. Hathaway Baking Co. 284 Mass. 328.

It may not be inappropriate to add that, even if the case were rightly here, no error of law appears in the finding of the trial .judge. Fisher v. Doe, 204 Mass. 34, 41. Fisher v. Drew, 247 Mass. 178, 180, 181.

Appeal dismissed.

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By the Court.

This is an action of tort wherein the plaintiff seeks to recover compensation for personal injuries alleged to have been received by him on a highway through the negligence or the wilful, wanton and reckless conduct of the defendant in operating an automobile. The case was referred under the usual rule to an auditor whose findings of fact were not to be final. The case was then submitted to a judge of the Superior Court, sitting without a jury, on the auditor’s report' without other evidence. The finding was for the defendant. The plaintiff appealed from that finding.

The case is not rightly here. This is not one of the cases which can be brought before this court by appeal. G. L. (Ter. Ed.) c. 231, § 96. Samuel v. Page-Storms Drop Forge Co. 243 Mass. 133, 134. Mathews v. Hathaway Baking Co. 284 Mass. 328.

It may not be inappropriate to add that, even if the case were rightly here, no error of law appears in the finding of the trial .judge. Fisher v. Doe, 204 Mass. 34, 41. Fisher v. Drew, 247 Mass. 178, 180, 181.

Appeal dismissed.

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Bluebook (online)

4 N.E.2d 240, 295 Mass. 427, 1936 Mass. LEXIS 1146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palumbo-v-bambini-mass-1936.

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