Lombardi v. Laudati

This case was claimed for the jury by the defendant. On motion of the plaintiff, legal issues were framed and were tried to the jury on interrogatories, all other issues being tried to the court. No objection to the form of the interrogatories was raised at any time. Verdict and judgment followed for the plaintiff. Two findings were made, one in the jury and one in the court case. An examination of the files discloses that the finding upon the defendant’s appeal was not a finding of facts which the trial court found proven upon the trial of the issues it heard without a jury but of the facts…