Driscoll v. Battista

This is an action at law for personal injuries. After issue joined in the Superior Court the plaintiff, by a writing filed in the clerk’s office in accordance with G. L. (Ter. Ed.) c. 231, .§ 60A, offered to waive the rules of evidence. The offer was not rejected and in accordance with the provisions of the section “shall be deemed to have been accepted.” The statute further provides that in these circumstances “such action or suit shall be advanced for speedy trial”; but the plaintiff’s motion to advance was denied. The record states that the “defendant” excepted. We assume, however, that…