O'Reilly v. N.Y. N.E.R.R. Co.

In these cases we gave the defendant corporation leave to withdraw its demurrers when the plaintiff was not present, supposing that he did not object. He does object, and asks to have the leave revoked and the demurrers restored. The actions are for damages under a Massachusetts statute. The demurrers raise the question whether the actions lie in this State. The plaintiff wants the question decided at once, so that if it is decided against him he can sue in Massachusetts before the time limited for the suit expires. If the demurrers had not been filed, he could have tried the cases to the…