Norton v. Musterole Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries resulting from use of a salve manufactured and sold by the defendant and alleged to contain ingredients so compounded as to be injurious and dangerous and unfit for use. Writ dated September 13, 1919. The defendant, appearing specially, filed the plea in abatement described in the opinion. The plea was heard by Wait, J., and was sustained.
Read the full summary
Tort for personal injuries resulting from use of a salve manufactured and sold by the defendant and alleged to contain ingredients so compounded as to be injurious and dangerous and unfit for use. Writ dated September 13, 1919. The defendant, appearing specially, filed the plea in abatement described in the opinion. The plea was heard by Wait, J., and was sustained. Thereafter, the defendant not moving, the plaintiff moved that judgment be entered “pursuant to the order of court sustaining the answer in abatement.” The motion was allowed by Hammond, J., and judgment was entered accordingly.…
1Opinion of the CourtRugg, C. J.
This is an action at law sounding in tort. The defendant appeared specially and answered in abatement that it was a foreign corporation having no principal or usual place of business in the Commonwealth, and that it was not engaged in or soliciting business within the Commonwealth, and that it had here no agent authorized to receive service of process, and that it had not been made subject to the jurisdiction of the court. The answer in abatement was sustained and judgment was entered for the defendant, from which the plaintiff has appealed.
It is provided by St. 1910, c. 555, § 4, amending R.…
2Cases cited13 opinions
- Swan v. Justices of Superior CourtMassachusetts Supreme Judicial Court · 1916
- Frati v. JanniniMassachusetts Supreme Judicial Court · 1917
- Atlantic Maritime Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1917
- Cressey v. CresseyMassachusetts Supreme Judicial Court · 1912
- O'Brien v. KeefeMassachusetts Supreme Judicial Court · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
- Samuel v. Page-Storms Drop Forge Co.Massachusetts Supreme Judicial Court · 1922
- Harrington v. AndersonMassachusetts Supreme Judicial Court · 1944
- Scaccia v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1944
- Shannon v. JacobsonMassachusetts Supreme Judicial Court · 1928
10 more not listed; retrieve them via the Exa API.