Libby v. Southern Pacific Co.

The plaintiff has moved to dismiss the defendant’s appeal. A chronology of the events involved is as follows:

In the action to recover $250 as damages for the demolition of a truck belonging to the plaintiff’s intestate, by one of the defendant’s trains, the plainifif recovered judgment for that amount on April 6, 1923. *451On May 9th, following, the defendant served and filed its notice of appeal to the Supreme Court. On the 17th of the same month, the undertaking on appeal was served and filed. No objections to the sufficiency of the surety were ever filed. Chapter 153 of the General Laws of…