Noon v. Beford

This is an action for wrongful death under G. L. c. 229, § 2, as appearing in St. 1958, c. 238, § 1. The ease was heard in the District Court on a statement of agreed facts submitted to the court as evidence. We treat it not as a case stated but as a case with an agreement as to evidence. Duff v. Southbridge, 325 Mass. 224, 226. The judge found for the plaintiff in the amount of $8,000. The defendant being aggrieved by the denial of certain requests for rulings claimed a report. The defendant’s appeal from the order of the Appellate Division dismissing the report brings the case to us.

The…