Nay v. Boston & Worcester Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions OF tort, one by a married woman for personal injuries and the other by her husband for expenses and the loss of her services and society caused by the injuries.
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Two actions OF tort, one by a married woman for personal injuries and the other by her husband for expenses and the loss of her services and society caused by the injuries. Writs dated November 80,1904. The following agreement of the parties was filed in the Superior Court on June 19, 1905: “ Be it known that Lucy S. Nay, wife of George M. Nay, of Boston, in the County of Suffolk, and George M. Nay, of said Boston, as her husband, of the first part, and the Boston & Worcester Street Railway Company, a corporation duly organized under the laws of the Commonwealth of Massachusetts, of the…
1Opinion of the CourtLoring, J.
The parties to these two actions at law might have submitted to arbitration the matters in dispute between them by a submission in pais, a submission under the statute, or by a rule of court made in each action. If the first method of procedure had been adopted, the only way of enforcing the award would have been by an action on the award when made. If the second had been adopted, it would have been an independent proceeding in court. The third method of procedure is the only method which proprio vigore would have ended the further prosecution of these two actions.
Had it not been for the…
2Cases cited4 opinions
- Bent v. Erie Telegraph & Telephone Co.Massachusetts Supreme Judicial Court · 1887
- Giles v. Royal InsuranceMassachusetts Supreme Judicial Court · 1901
- Franklin Mining Co. v. PrattMassachusetts Supreme Judicial Court · 1869
- Monosiet v. PostMassachusetts Supreme Judicial Court · 1808
3Cited by4 opinions
- Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
- Cochrane v. ForbesMassachusetts Supreme Judicial Court · 1926
- Cueroni v. Coburnville Garage, Inc.Massachusetts Supreme Judicial Court · 1943
- Franks v. FranksMassachusetts Supreme Judicial Court · 1936