Levine v. Globe Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries. At the trial in the Superior Court, before Fessenden, J., the plaintiff moved to set aside the verdict for the defendant for reasons stated in the opinion. The judge overruled the motion, and, at the request of the parties, reported the case for the determination of this court.
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Tort, for personal injuries. At the trial in the Superior Court, before Fessenden, J., the plaintiff moved to set aside the verdict for the defendant for reasons stated in the opinion. The judge overruled the motion, and, at the request of the parties, reported the case for the determination of this court. If the proceedings with reference to the verdict were within the authority of the court, then judgment was to be entered for thd defendant upon the verdict; otherwise, the verdict was to be set aside and a new trial ordered.
1Opinion of the CourtLathrop, J.
There can be no doubt of the power of the judge in the court below to send out the jury to find a proper verdict, as the verdict which they had sealed up before separating was a defective one. Pritchard v. Hennessey, 1 Gray, 294. Chapman v. Coffin, 14 Gray, 454. Mason v. Massa, 122 Mass. 477. Spencer v. Williams, 160 Mass. 17. International Trust Co. v. Wilson, 161 Mass. 80.
In Commonwealth v. Tobin, 125 Mass. 203, 206, the rule is thus stated as to the power of the court when the jury bring in a verdict after separating: “ In a civil action, if the written verdict does not pass upon the whole…
2Cases cited5 opinions
- Commonwealth v. TobinMassachusetts Supreme Judicial Court · 1878
- Mason v. MassaMassachusetts Supreme Judicial Court · 1877
- Spencer v. WilliamsMassachusetts Supreme Judicial Court · 1893
- Twomey v. LinnehanMassachusetts Supreme Judicial Court · 1894
- International Trust Co. v. WilsonMassachusetts Supreme Judicial Court · 1894
3Cited by7 opinions
- Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
- Charles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Whitney v. CommonwealthMassachusetts Supreme Judicial Court · 1906
- Gillespie v. AshfordSupreme Court of Iowa · 1901
- Commonwealth v. CliffordMassachusetts Supreme Judicial Court · 1926
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