Constance Scaccia v. Boston Elevated Railway Co.

Trial by jury of this action of tort was waived, and it was stipulated that if on the statement of agreed facts the trial judge would have been warranted in submitting the case to a jury, he should find for the plaintiff in a stated sum, but if, as matter of law, the plaintiff was not entitled to recover, he should find for the defendant. He found for the defendant and reported the case to this court in the following terms: “I now report the case for determination of the question whether on the agreed state*311ment of facts and the inferences which may be drawn from them there was any evidence of…