Pendergrass v. York Manufacturing Co.
Supreme Judicial Court of Maine
On report. An action of the case to recover damages for injuries alleged to have been received by the plaintilf, through the breaking of the rope of an elevator in the defendant’s mill, August 13, 1881. The question presented by the report is stated in the opinion. cited: Sanford v. Emery, 2 Maine, 5; Perley v. Little, 3 Maine, 97; Mitchell v. New England Marine Ins. Go. 6 Pick. 117; Bragdon v. Appleton Mutual Fire Ins.
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On report. An action of the case to recover damages for injuries alleged to have been received by the plaintilf, through the breaking of the rope of an elevator in the defendant’s mill, August 13, 1881. The question presented by the report is stated in the opinion. cited: Sanford v. Emery, 2 Maine, 5; Perley v. Little, 3 Maine, 97; Mitchell v. New England Marine Ins. Go. 6 Pick. 117; Bragdon v. Appleton Mutual Fire Ins. Go. 42 Maine, 259; Safford v. Stevens, 2 Wend. 158; Scofield v. Hernandez, 47 N. Y. 313. Judgments of nonsuit is an exception to the general rule that where the pleadings, the…
1Opinion of the CourtHaskell, J.
To this action, the defendant pleaded a judgment in its favor, rendered by this court in a former suit upon the same cause of action, by the plaintiff against the defendant. In support of that plea, the defendant produced and read in evidence, the record of that judgment of the following tenor.
" The action comes on for trial on the twelfth day of the present term, and is opened to the jury duly impanneled and sworn to try the issue, and after the plaintiff had introduced his testimony and stopped, the presiding justice, after a careful review of the said testimony, considered that the…
2Cases cited4 opinions
- Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
- Homer v. BrownSupreme Court of the United States · 1854
- Audubon v. . Excelsior Insurance CompanyNew York Court of Appeals · 1863
- Morgan v. BlissMassachusetts Supreme Judicial Court · 1806
3Cited by4 opinions
- Ordway v. Boston & Maine RailroadSupreme Court of New Hampshire · 1898
- Wilmer L. Lyle v. Bangor & Aroostook Railroad CompanyCourt of Appeals for the First Circuit · 1956
- Danforth v. DanforthNevada Supreme Court · 1917
- Wilmer L. Lyle v. Bangor & Aroostook Railroad CompanyCourt of Appeals for the First Circuit · 1956