Owen v. Derry

If the plaintiff was unavoidably prevented from filing a statement of his injury and claim within ten days from the accident, the issue presented by his petition is whether he should now be permitted to file the same. Permission to file such statement cannot be granted unless “manifest injustice would otherwise be done.” P. S., c. 76, s. 9. Evidence sufficient to authorize the submission of the plaintiff’s case to the jury will sustain the requisite finding of “ manifest injustice.” The questions of law or fact which the plaintiff desires to litigate are not ordinarily determined upon the…