Cerrato v. Miller

The only exception is to refusal of the judge to grant the plaintiff’s motion for a new trial. Such a motion is addressed to the discretion of the judge, and no exception lies unless an abuse of judicial discretion or an error of law arising in the hearing on the motion is shown. Commonwealth v. Devereaux, 257 Mass. 391. Berggren v. Mutual Life Ins. Co. 231 Mass. 173, 176. Davis v. Boston Elevated Railway, 235 Mass. 482. Nothing to the contrary is decided by Simmons v. Fish, 210 Mass. 563, or Purcell v. Rose, 261 Mass. 431.

*535The finding for the plaintiff established that the accident which…