Dorr v. Schenck
Massachusetts Supreme Judicial Court
Petition to prove exceptions, in an action of tort for personal injuries from being run down by the horse and wagon of the defendant while the plaintiff was crossing Washington Street in Boston after coming from Waltham Street, on August 6, 1901. Writ dated August 14, 1901. At the trial in the Superior Court before Hardy, J. the jury returned a verdict for the plaintiff in the sum of $800 on March 3, 1904. On April 21, 1904, the period for filing exceptions having been…
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Petition to prove exceptions, in an action of tort for personal injuries from being run down by the horse and wagon of the defendant while the plaintiff was crossing Washington Street in Boston after coming from Waltham Street, on August 6, 1901. Writ dated August 14, 1901. At the trial in the Superior Court before Hardy, J. the jury returned a verdict for the plaintiff in the sum of $800 on March 3, 1904. On April 21, 1904, the period for filing exceptions having been extended to include that date, the defendant filed a bill of exceptions. On October 28,1904, on application of the defendant…
1Opinion of the CourtKnowlton, C. J.
We have now the unusual ease of a prevailing party, against whom exceptions were taken, presenting a petition to prove the exceptions filed by his adversary. The petition is brought under R. L. c. 173, § 110, which applies not only to’eases in which the judge disallows or fails to sign and return the exceptions, but also to cases in which he alters any statement therein. In this case the judge allowed the defendant, the excepting party, to alter the exceptions, against the plaintiff’s objection, and the plaintiff treats this as an alteration of them by the judge, within the meaning of the…
2Cases cited4 opinions
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- Hector v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1894
- Cowley v. O'ConnellMassachusetts Supreme Judicial Court · 1899
- Murphy v. Armstrong Transfer Co.Massachusetts Supreme Judicial Court · 1896
3Cited by11 opinions
- Posell v. HerscovitzMassachusetts Supreme Judicial Court · 1921
- Graustein v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1936
- Commonwealth v. DowMassachusetts Supreme Judicial Court · 1914
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1933
- FreedmanMassachusetts Supreme Judicial Court · 1915
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