Connelly v. Boston Sand & Gravel Co.

The judgments in a prior case in favor of the defendants in this case do not bar this action. Those judgments were entered after demurrers were sustained on August 23, 1972; after a motion to amend the declaration was filed on August 30, 1972 (within the time provided in Rule 23 of the Superior Court [1954]); and after the denial on October 11, 1972, of what was apparently a substitute motion to amend filed on October 2, 1972. The demurrers were based on matters of form and substance and were sustained generally. There is nothing to indicate that the demurrers were sustained on any particular…