Ford Marketing Corp. v. Hartford Insurance
Ford Marketing Corp. v. Hartford Insurance
Opinion of the Court
We need not rule upon the plaintiff’s contention as to the date of the accrual of its cause of action under the subrogation provision of G. L. c. 90, § 340, as amended by St. 1971, c. 1079, §§ 2, 3 (see St. 1973, c. 917, § 2; Lumbermens Mut. Cas. Corp. v. Bay State Truck Lease, Inc., 366 Mass. 727, 729 & n.l [1975]), because the “facts” on which the contention is based, as asserted in the plaintiff’s brief on appeal, are not properly before us. It appears from the appendix that the only relevant facts presented to the trial judge were in the form of oral representations of counsel, that no transcript of the hearing was prepared, and that the plaintiff did not repair that omission by availing itself of the remedy afforded by Mass.R.A.P. 8(c), 365 Mass. 850 (1974), or by any other permissible means. See Nolan v. Weiner, 4 Mass. App. Ct. 800 (1976). We see no occasion to send for
So ordered.
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