Shields v. LeBrecht

This is a report of the question as to the correctness of the judge’s denial of the plaintiff’s motion *355that the case he removed from the nonjury trial list and placed upon the list of cases for trial by jury. The action was commenced in the Superior Court for Worcester County by writ in contract or tort. The declaration, as filed, contained a count in tort by the female plaintiff for injuries caused by negligence and a count, later waived, by her husband for consequential damages.

Upon the back of the writ were the printed name of the court and the typewritten names of the parties. At the…