Taylor v. Pierce Bros.

When this case first was tried in the Superior Court, the defendant at the close of the evidence requested a ruling that “upon the whole evidence the plaintiffs cannot recover.” The request was refused and the defendant duly excepted. Following a verdict for the plaintiffs the question of law saved by the defendant came to this court. Taylor v. Pierce Brothers, Ltd. 213 Mass. 247. The exception was sustained. * The case was *255tried again with a jury in the Superior Court, and at the close of the evidence the defendant requested the judge to rule that “upon the whole evidence the plaintiffs…