Rice v. Union Railroad Company

58 A. 629, 26 R.I. 128, 1904 R.I. LEXIS 40

Opinion

(1) Per Curiam.

This case is not properly before us, -the statement of evidence and rulings presented by the plaintiff not having been allowed by the justice who tried the cause, as required by General Laws cap. 251, § 6, nor substantiated by affidavit, as required by section 7 of said chapter. Nop is said statement assented to by defendant as being a full and complete statement of the evidence affecting the rulings in question.

While it is not necessary in all cases to bring up a statement of all the evidence taken in the case, it is necessary tó bring up a statement of .all the evidence which bears upon the questions on which the petition for a new trial, depends, as was done in Hackett v. Shaw, 24 R. I. 29. Vide certificate at the end of the testimony in that case.