Dedonati v. Boston Elevated Railway Co.

At the argument, the plaintiff waived her first three requests. They could not properly have been *252given. International Textbook Co. v. Martin, 221 Mass. 1, 8. The remaining requests, if they are to be considered as anything more than horatory requests for findings of fact, were not in terms refused as unsound in law, but for assigned reasons noted on the requests. The judge ruled in so many words that the burning was evidence of negligence, which is another way of saying that the evidence permitted a finding of negligence. The plaintiff’s argument fails to discriminate between evidence which…