Watkins v. Boston & Maine Railroad

It is not the practice in this state to consider questions of law which may not arise when all the facts are found; nor to consider questions sent up in advance of a final determination of the cause in the superior court, when it is evident that a decision thereon cannot aid in the proceedings in that court. Fitzhugh v. Railway, ante, 185.

Upon the present petition for a new trial, the plaintiff’s freedom from fault was found, and an exception to the sufficiency of the evidence to sustain that finding was transferred. No order was made, and the essential facts that justice has not been done…