McElaney v. Hubby

The sole issue raised by the plaintiffs’ appeal in this action for damages arising from a motor vehicle accident is the propriety of the allowance of the defendant’s motion for directed verdicts. The plaintiffs’ reliance on statements appearing in their unanswered notice to admit facts and in their bill of exceptions is misplaced, as none of the statements therein is properly before us: the notice to admit facts was never introduced in evidence (Gordon v. American Tankers Corp. 286 Mass. 349, 354 [1934]), and there is no showing of timely compliance with the notice requirements of G. L. c.…