Arrow Paper Corp. v. Boylston Foods, Inc., 294 N.E.2d 472 (Mass. App. Ct. 1973). · Go Syfert
Arrow Paper Corp. v. Boylston Foods, Inc., 294 N.E.2d 472 (Mass. App. Ct. 1973). Cases Citing This Book View Copy Cite
7 citation events across 2 distinct courts.
Strongest positive: U.B. Vehicle Leasing, Inc. v. Bender (massdistctapp, 1994-05-20)
Top citers, strongest first. 6 distinct citers. How cited ↗
cited Cited as authority (rule) U.B. Vehicle Leasing, Inc. v. Bender
Mass. Dist. Ct., App. Div. · 1994 · confidence medium
See generally, O’Donnell v. Bane, 385 Mass. 114, 121 (1982); Raunela v. Hertz Corp., 361 Mass. 341, 345 (1972); Arrow Paper Corp. v. Boylston Foods, Inc., 1 Mass. App. Ct. 808,809 (1973);Maccaronev.
discussed Cited as authority (rule) Giusto v. Petruzziello
Mass. Dist. Ct., App. Div. · 1994 · confidence medium
Having failed to file requests for rulings at trial to raise and preserve issues of law for appellate review, Hogan v. Coleman, 326 Mass. 770, 772 (1951); Arrow Paper Corp. v. Boylston Foods, Inc., 1 Mass. App. Ct. 808, 809 (1973), the tenant has endeavored belatedly to raise such issues by means of a motion for a new trial.
cited Cited as authority (rule) General Electric Capital Auto Lease, Inc. v. Bay State Communications, Inc.
Mass. Dist. Ct., App. Div. · 1993 · confidence medium
Campanale v. General Ice Cream Corp., 314 Mass. 387, 389 (1943); Arrow Paper Corp. v. Boylston Foods, Inc., 1 Mass. App. Ct. 808, 808-809 (1973).
cited Cited as authority (rule) Hill v. Bookbinder
Mass. App. Ct. · 1976 · confidence medium
Arrow Paper Corp. v. Boylston Foods, Inc. 1 Mass. App. Ct. 808, 809 (1973).
cited Cited "see" Kulakowski v. Leavitt
Mass. Dist. Ct., App. Div. · 1996 · signal: see · confidence high
See Arrow Paper Corp. v. Boylston Foods, Inc., 1 Mass. App. Ct. 808, 809 (1973); U. B.
cited Cited "see" Montello v. Smith
Mass. Dist. Ct., App. Div. · 1992 · signal: see · confidence high
See generally, Arrow Paper Corp. v. Boylston Foods, Inc., 1 Mass. App. Ct. 808, 809 (1973).
Retrieving the full opinion text from the archive…
Arrow Paper Corporation
v.
Boylston Foods, Inc
Massachusetts Appeals Court.
Mar 1, 1973.
294 N.E.2d 472
1973 Mass. App. LEXIS 537
Joseph Krinsky, for the plaintiff, submitted a brief.
Cited by 7 opinions  |  Published

This action in contract was tried in the Municipal Court of the City of Boston. The trial judge found for the defendant. The judge made no rulings of law, nor was he requested to do so. A motion for a new trial based on the claim that the judge’s finding was against the law and the evidence was denied. The plaintiff filed no requests for rulings of law in connection with the motion. The denial of the motion was reported to the Appellate Division, which dismissed the report. The case is before us by way of appeal from that dismissal, having been transferred to us under the provisions of G. L. c. 211, § 4A, as amended, and G. L. c. 211 A, §§ 10 and 12. The plaintiff argues that the judge erred in finding for the defendant and in denying its motion for a new trial. There was no error. A judge is not required to make rulings of law not called for by proper[*809] requests. Campanale v. General Ice Cream Corp. 314 Mass. 387, 389. Requests for rulings are the only certain way to secure a separation of law from fact in cases tried without a jury. Brodeur v. Seymour, 315 Mass. 527, 530. Without such a request, questions of law which might have been raised thereby are not open on appeal. See Burick v. Boston Elevated Railway, 293 Mass. 431, 434. Questions of law which might have been raised at the trial cannot be raised as of right on a motion for a new trial. Haines Corp. v. Winthrop Square Cafe, Inc. 335 Mass. 152, 154. The question whether a new trial should be granted was within the discretion of the judge. Bartley v. Phillips, 317 Mass. 35, 41-42. No abuse of that discretion has been demonstrated.

Joseph Krinsky, for the plaintiff, submitted a brief.

Order dismissing report affirmed.