Rogers v. Dalton

The plaintiff while walking across a street was struck and injured by an automobile operated by the defendant. This action was brought in a district court where the judge found for the plaintiff and denied all the defendant’s requests for rulings, on the ground that they were inapplicable to the facts found, without making any specific findings of facts. See Mericantante v. Boston & Maine Railroad, 291 Mass. 261. He reported his rulings to the Appellate Division which found error in the refusal to *147give the requested rulings: “4. The plaintiff has failed to prove by a fair preponderance of the…