White v. Sharpe
Massachusetts Supreme Judicial Court
Tort for the destruction on March 22, 1911, of an ice house of the plaintiff by fire alleged to have been communicated from a brush fire negligently started and negligently tended on land of the defendant. Writ dated February 13, 1912. In the Superior Court the case was tried before Hitchcock, J. The material evidence and an exception taken by the plaintiff to the exclusion of certain evidence are' described in the opinion.
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Tort for the destruction on March 22, 1911, of an ice house of the plaintiff by fire alleged to have been communicated from a brush fire negligently started and negligently tended on land of the defendant. Writ dated February 13, 1912. In the Superior Court the case was tried before Hitchcock, J. The material evidence and an exception taken by the plaintiff to the exclusion of certain evidence are' described in the opinion. Under the circumstances there stated, the judge ordered a verdict for the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtDe Courcy, J.
The defendant contends that the plaintiff’s exception was not taken seasonably. It appears from the record that at the close of the testimony the defendant requested the trial judge to rule that the evidence would not warrant a verdict for the plaintiff. The judge refused to make this ruling, and after fully instructing the jury submitted the case to them at half past four o’clock in the afternoon. On the following morning the jury *395reported that they could not agree; and the judge, of his own motion, directed them to return a verdict for the defendant. The counsel for the plaintiff was not…
2Cases cited4 opinions
- Higgins v. DeweyMassachusetts Supreme Judicial Court · 1871
- Wallace v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1911
- Gillet v. ShawMassachusetts Supreme Judicial Court · 1914
- Goodrum v. GrimesMassachusetts Supreme Judicial Court · 1904
3Cited by5 opinions
- Gates v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1926
- Little v. Lynn & Marblehead Real Estate Co.Massachusetts Supreme Judicial Court · 1938
- Foley v. Hotel Touraine Co.Massachusetts Supreme Judicial Court · 1951
- Deerfoot Farms, Inc. v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1951
- Murray v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1940