Penfield v. Massachusetts Bay Transportation Authority

The defendant is aggrieved by the trial judge’s denial of various of its requests for rulings and findings of fact as well as the trial judge’s denial of its motion for a new trial, motion to file a report late and motion to dismiss at the close of plaintiff’s evidence.

In the words of the defendant’s brief, the issue is whether or not,

Theevidencewasinsufficientasamatteroflawtoshowthatthedefendant was negligent and that the jerk or jolt was beyond that knowingly to be expected.

The trial judge did not make findings of fact. However, the trial judge issued a report and we treat the relevant…