Massachusetts Supreme Judicial Court January 4, 1910 (Tracy v. Boston & Northern Street Railway Co.)

Morton, J.

The defendant does not now rely upon the exceptions taken to the admission and exclusion of evidence, having expressly waived them. It contends (1) that the court had no power to allow the amendment, and (2) that the court erred in refusing to rule as requested that upon all of the evidence the plaintiff was not entitled to recover.

1.