West v. Boston & Maine Railroad

On Rehearing. After the foregoing opinion was filed, the defendant moved for a rehearing upon the order limiting the scope of a new trial.

Peaslee, C. J.

(The rule that a retrial for the correction of errors should be limited to that part of the case which might have been affected by the error, is subject to the qualification that as much more of the case must be retried as may be necessary in order to afford the parties a fair trial. The question what issues may have been affected by the error is usually one of law. It is properly dealt with in this court in the first instance. If not so…