Brann v. Inhabitants of Vassalboro'
Supreme Judicial Court of Maine
On Exceptions to acceptance of report of referees; and on Report by Rice, J., on motion to set aside the award and for a new hearing before the referees, or for a new trial in Court, on the ground of newly discovered material evidence. This was an action to recover damages for personal injuries alleged to have been sustained by the plaintiff, by reason of a defective highway in the defendant town. By rule of Court it was referred to three referees.
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On Exceptions to acceptance of report of referees; and on Report by Rice, J., on motion to set aside the award and for a new hearing before the referees, or for a new trial in Court, on the ground of newly discovered material evidence. This was an action to recover damages for personal injuries alleged to have been sustained by the plaintiff, by reason of a defective highway in the defendant town. By rule of Court it was referred to three referees. The report was signed by only two of the referees, who omitted to certify that the third participated in the hearing, but disagreed with them in…
1Opinion of the Court
The opinion of the Court was drawn up by
Rice, J.
Exceptions to the acceptance of the report of referees. The case was referred by rule of Court to three referees, who were all present and participated at the hearing of the parties. Two of the referees only concurred in the report as it was presented to the Court. But it did not appear from the report, as originally presented, that the three were in fact present and participated at the hearing. This was an irregularity. R. S., c. 108, § 7; Peterson v. Loring, 1 Maine, 64; Short v. Pratt, 6 Mass., 496.
On motion, and for the specific purpose of…
2Cases cited1 opinion
- Short v. PrattMassachusetts Supreme Judicial Court · 1810
3Cited by4 opinions
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