Pillsbury Flour Mills Co. v. Bresky

This case came on to be heard in the Superior Court before a jury. During that trial certain exhibits were offered in evidence and admitted subject to the plaintiff’s exceptions. At the close of the evidence “the jury was waived and the case was submitted to the court on the facts.” Thereupon the judge, without making any ruling of law, undertook to report the case in the following words: “If the exhibits numbered 4 and 6 to 20 inclusive are admissible for any purpose and if upon such evidence the Supreme Judicial Court should be of opinion that the defendant had a right to order the Semolina…