Leyland v. Pingree
Massachusetts Supreme Judicial Court
Petition to establish the truth of exceptions alleged by Frederick R. Leyland in an action of tort brought against him by Henry E. Pingree, and disallowed by Aldrich, J. The petition alleged, among other things, that, upon the trial of the case, the petitioner requested the presiding judge to instruct the jury that, upon all the evidence, the plaintiff could not maintain his action, and also presented to the judge certain requests in writing for rulings and instructions to…
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Petition to establish the truth of exceptions alleged by Frederick R. Leyland in an action of tort brought against him by Henry E. Pingree, and disallowed by Aldrich, J. The petition alleged, among other things, that, upon the trial of the case, the petitioner requested the presiding judge to instruct the jury that, upon all the evidence, the plaintiff could not maintain his action, and also presented to the judge certain requests in writing for rulings and instructions to the jury (which were set forth); that the said requests were handed to the judge by one of the petitioner’s counsel,…
1Opinion of the CourtMostos, C. J.
There is no dispute in this case that the facts are as stated in the certificate of the presiding justice of the Superior Court. At the trial, the defendant asked the court to rule that, upon the evidence, tho plaintiff could not maintain his action. This ruling was refused, and an exception duly saved. One of the defendant’s counsel, while the other was making his closing argument to the jury, handed to the presiding justice several written requests for rulings; they were not *370shown to the plaintiff’s counsel, who had no knowledge of them until after the verdict. The judge, in charging the…
2Cited by10 opinions
- New Bedford Cotton Waste Co. v. Eugen C. Andres Co.Massachusetts Supreme Judicial Court · 1926
- Newton v. City of WorcesterMassachusetts Supreme Judicial Court · 1897
- Thurston v. BluntMassachusetts Supreme Judicial Court · 1913
- Thwing v. CliffordMassachusetts Supreme Judicial Court · 1884
- Jones v. Newton Street Railway Co.Massachusetts Supreme Judicial Court · 1904
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