Edwards v. Woodbury
Massachusetts Supreme Judicial Court
Tort under the Pub. Sts. c. 100, § 21, in seven counts. The first count was as follows: “ And the plaintiff says the defendant is the owner and keeper of a certain tenement, being the shop numbered seventy-seven on Devonshire Street, in Boston, in the county of Suffolk, used by the defendant for the sale of intoxicating liquor; that on or about the first day of January, A. D. 1888, the defendant in said tenement sold and delivered intoxicating liquor to Henderson J. Edwards,…
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Tort under the Pub. Sts. c. 100, § 21, in seven counts. The first count was as follows: “ And the plaintiff says the defendant is the owner and keeper of a certain tenement, being the shop numbered seventy-seven on Devonshire Street, in Boston, in the county of Suffolk, used by the defendant for the sale of intoxicating liquor; that on or about the first day of January, A. D. 1888, the defendant in said tenement sold and delivered intoxicating liquor to Henderson J. Edwards, the husband of the plaintiff, to be drunk by said Henderson J., and said Henderson J. did drink the same, and thereby…
1Opinion of the CourtField, C. J.
It was not necessary under any of the first six counts of the declaration to prove the averment of time as laid. *26The only absolute legal limit is that the time proved must be within the statute of limitations applicable to the action. The defendant did not ask the court to order the plaintiff to file a statement of particulars, pursuant to the Pub. Sts. c. 167, § 61, nor did the defendant contend that he had been surprised at the trial by the evidence admitted by the court, and ask for time to obtain evidence to meet it. There are reasons, perhaps, why, in an action of this kind, great pains…
2Cases cited4 opinions
- Sackett v. RuderMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. JuliusMassachusetts Supreme Judicial Court · 1886
- Bryant v. TidgewellMassachusetts Supreme Judicial Court · 1882
- Leatherbee v. BarrettMassachusetts Supreme Judicial Court · 1890
3Cited by1 opinion
- Stoney v. SoarMassachusetts Supreme Judicial Court · 1948