Magee

This petition to establish the truth of exceptions pursuant to CL L. c. 231, § 117 (as amended through St. 1960, c. 207, § 4), was dismissed by the single justice. The petitioners, who were plaintiffs in a tort action in the Superior Court (Magee v. Lane, 346 Mass. 475), filed a bill of exceptions to the denial of their motion for a new trial. This bill the trial judge disallowed as not conformable to the truth. He found that the “plaintiffs, or their attorney, intentionally omitted to include in said bill important testimony of witnesses given at the trial on issues presented to the Court…