Hey v. Prime
Massachusetts Supreme Judicial Court
• Tort against the executor of the will of James F. Ginn for loss of the services and society of the plaintiff’s wife, Marion Hey, by reason of injuries sustained by her on February 18, 1905, from falling on an accumulation of ice in the cellar of a building numbered 129 on Boylston Street in Boston, which at the time of the injuries was owned and controlled by the defendant’s testator.
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• Tort against the executor of the will of James F. Ginn for loss of the services and society of the plaintiff’s wife, Marion Hey, by reason of injuries sustained by her on February 18, 1905, from falling on an accumulation of ice in the cellar of a building numbered 129 on Boylston Street in Boston, which at the time of the injuries was owned and controlled by the defendant’s testator. Writ in the Municipal Court of the City of Boston dated August 4,1906. It appeared by the writ and the declaration that James F. Ginn, the defendant’s testator, was dead when the action was brought. The answer…
1Opinion of the CourtBraley, J.
If upon an opening, the plaintiff fails to state a case, ordinarily the defendant may request that a verdict be ordered in his favor. The presiding judge, in his discretion, then either may give a decision or wait until the plaintiff’s, or the entire evidence has been introduced, before deciding the question. But, although no demurrer had been filed, or request made, it was not too late for the defendant to move to dismiss, if the declaration and the facts stated in the opening showed that the cause of action did not survive, as the court was left without jurisdiction. Allin v. Connecticut…
2Cases cited10 opinions
- Cutter v. HamlenMassachusetts Supreme Judicial Court · 1888
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Duffee v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Kelley v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
- Allin v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
- Diaz v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1973
- Erickson v. BuckleyMassachusetts Supreme Judicial Court · 1918
- Hays v. Missouri Pacific Railroad CompanySupreme Court of Missouri · 1957
- Wilson v. GraceMassachusetts Supreme Judicial Court · 1930
35 more not listed; retrieve them via the Exa API.