Legal Opinion

Botkin v. Miller

Massachusetts Supreme Judicial Court

Decided February 28, 1906PublishedCited by 7 opinions

Tort against the. defendants hereafter named. Writ dated September 21,1901. The declaration as amended was as follows : “ And the plaintiff says that on or about the twelfth day of December last, he was proprietor of a barber shop at 151 Chelsea Street in that part of Boston known as East Boston, in which he conducted the business of a barber; and that, on or about 7.80 o’clock in the afternoon of said day, the defendants gathered in front of said shop and demanded him to…

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Tort against the. defendants hereafter named. Writ dated September 21,1901. The declaration as amended was as follows : “ And the plaintiff says that on or about the twelfth day of December last, he was proprietor of a barber shop at 151 Chelsea Street in that part of Boston known as East Boston, in which he conducted the business of a barber; and that, on or about 7.80 o’clock in the afternoon of said day, the defendants gathered in front of said shop and demanded him to close said shop and discontinue and stop doing any business; that he refused to comply with their demands, and that,…

1Opinion of the CourtLoring, J.

[After the foregoing statement of the case.] The bill of exceptions is very meagre, and there is no statement in it that it contains all the material evidence. Under these circumstances it is proper to have recourse to the charge of the presiding judge, which is made part of the bill of exceptions, in order to understand the case before the court.

In his charge the presiding judge, after telling the jury that the loss of business was too remote,proceeded as follows: “Now, so far as the disturbance of that evening is concerned, the plaintiff is quite right in saying that if the defendants took…

2Cases cited4 opinions

  1. Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
  2. Morasse v. BrochuMassachusetts Supreme Judicial Court · 1890
  3. Zinn v. RiceMassachusetts Supreme Judicial Court · 1894
  4. Crowell v. MoleyMassachusetts Supreme Judicial Court · 1905

3Cited by7 opinions

  1. Chemawa Country Golf, Inc. v. WnukMassachusetts Appeals Court · 1980
  2. Mailhiot v. Liberty Bank & Trust Co.Massachusetts Appeals Court · 1987
  3. Jameson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
  4. Beers v. O'BrienMassachusetts Supreme Judicial Court · 1944
  5. Flaherty v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1911

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