Earl Carpenter & Sons Co. v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
TWO ACTIONS OF CONTRACT OR TORT, under St. R. I. June 20,1836, § 2, for damage to property of the respective plaintiffs at Providence in the State of Rhode Island by fire alleged to have been communicated from engines of the defendant. Writ dated September 18, 1899. In the Superior Court on June 19, 1901, on motion of the defendant both cases were referred to Henry S. Dewey, Esquire, as auditor. Both parties agreed to his appointment.
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TWO ACTIONS OF CONTRACT OR TORT, under St. R. I. June 20,1836, § 2, for damage to property of the respective plaintiffs at Providence in the State of Rhode Island by fire alleged to have been communicated from engines of the defendant. Writ dated September 18, 1899. In the Superior Court on June 19, 1901, on motion of the defendant both cases were referred to Henry S. Dewey, Esquire, as auditor. Both parties agreed to his appointment. Hearings were had before the auditor, extending over a period of about six months. Evidence was introduced by both sides on all questions involved in the cases,…
1Opinion of the CourtLoRlNGr, J.
It has always been a recognized principle of the English law, on the equity as well as on the common law side of the court, that a plaintiff is not bound to prosecute a suit or action to a finish because he has begun it. But on the contrary he is at liberty to abandon it without losing the right of action on which it is founded, and he can enforce that right subsequently on paying the costs of the former proceeding. In this respect a plaintiff is more fortunate than a defendant who has a day in court to interpose his defence if he would not have final judgment given against him.
What is not so…
2Cases cited11 opinions
- Hess v. ReynoldsSupreme Court of the United States · 1885
- Haskell v. WhitneyMassachusetts Supreme Judicial Court · 1815
- City of Worcester v. Lakeside Manufacturing Co.Massachusetts Supreme Judicial Court · 1899
- Derick v. TaylorMassachusetts Supreme Judicial Court · 1898
- Kempton v. BurgessMassachusetts Supreme Judicial Court · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- McArthur Bro's v. CommonwealthMassachusetts Supreme Judicial Court · 1908
- Farnham v. Lenox Motor Car Co.Massachusetts Supreme Judicial Court · 1918
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1920
13 more not listed; retrieve them via the Exa API.