Osgood v. City of Lynn
Massachusetts Supreme Judicial Court
Tobt, under the St. of 1877, c. 234, for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant city. Writ dated September 27, 1878, and returnable at December term 1878 of the Superior Court for the county of Middlesex. Answer, a general denial. The case was tried at March term 1879, when the jury returned a verdict for the plaintiff.
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Tobt, under the St. of 1877, c. 234, for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant city. Writ dated September 27, 1878, and returnable at December term 1878 of the Superior Court for the county of Middlesex. Answer, a general denial. The case was tried at March term 1879, when the jury returned a verdict for the plaintiff. This verdict was set aside, and a new trial had at June term 1879, when the jury again returned a verdict for the plaintiff. This verdict was also set aside, and a new trial had at March term 1880. On May 11, 1880, and before…
1Opinion of the CourtSoule, J.
It is unnecessary to decide the question whether an action brought under the St. of 1877, c. 234,* is a local action or not, because we are of opinion that, even if the language of the statute makes the action a local one, the exceptions cannot be sustained.
It is provided by the Gen. Sts. e. 129, § 70, that, “ when it appears on a trial that a local action has been brought in an erroneous venue, the court may of its own motion order a non-suit to be entered, unless good cause shall be shown why the trial should be allowed to proceed.” It is also provided by the Gen. Sts. c. 133, § 14, that “…
2Cases cited1 opinion
- Putnam v. BondMassachusetts Supreme Judicial Court · 1869
3Cited by2 opinions
- Morris v. FarringtonMassachusetts Supreme Judicial Court · 1882
- Cassidy v. HolbrookSupreme Judicial Court of Maine · 1889