Fitzgerald v. Nicotera

This is a civil action in part brought on a judgment and in part for the use and occupation of certain premises and for damages to the premises. After a general finding for the plaintiffs, the Fitzgeralds, the defendant, Nicotera, appeals alleging error in the denial of certain of her requests for rulings and error in the admission into evidence over her objections of certain questions and the answers thereto. There was error.

The trial court made no special findings and denied the following requests of the defendant for rulings:

4. The evidence warrants a finding that the defendant did not…