Cotter v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, by a girl three years and ten months of age when injured, for injuries from being struck by an electric car of the defendant on March 1, 1899. Writ dated January 22, 1902. The declaration contained three counts. The defendant demurred to the first and third counts.
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Tort, by a girl three years and ten months of age when injured, for injuries from being struck by an electric car of the defendant on March 1, 1899. Writ dated January 22, 1902. The declaration contained three counts. The defendant demurred to the first and third counts. Its demurrer was overruled in the Superior Court by Mason, C. J. The defendant also filed a plea in bar to all the counts alleging that the plaintiff had brought a previous action against the defendant for the same cause of action in which judgment was entered for the defendant as appeared by the records of the Superior Court…
1Opinion of the CourtLoring, J.
The former judgment was for the same cause of action as that now sued on. It was rendered on the merits and is a bar not only on all the issues actually tried, but on all which might have been tried in it. Foye v. Patch, 132 Mass. 105. Bassett v. Connecticut River Railroad, 150 Mass. 178. Bradley v. Bradley, 160 Mass. 258. Watts v. Watts, 160 Mass. 464, 465. Harlow v. Bartlett, 170 Mass. 584, 591. Clare v. New York New England Railroad, 172 Mass. 211. Butrick, petitioner, 185 Mass. 107.
Judgment affirmed.
2Cases cited7 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Watts v. WattsMassachusetts Supreme Judicial Court · 1894
- Clare v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1898
- Bradley v. BradleyMassachusetts Supreme Judicial Court · 1893
- Harlow v. BartlettMassachusetts Supreme Judicial Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mackintosh v. ChambersMassachusetts Supreme Judicial Court · 1934
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- David Manning, Jr. v. Ross Grimsley and the Baltimore Baseball Club, Inc.Court of Appeals for the First Circuit · 1981
- Capaccio v. MerrillMassachusetts Supreme Judicial Court · 1915
7 more not listed; retrieve them via the Exa API.