Hubner v. Hoffman
Massachusetts Supreme Judicial Court
Tort to recover damages for diverting water from its natural course and discharging it upon the plaintiff’s land. At the trial in the superior court, before Reed, J., the jury returned a verdict of $5 for the plaintiff, and he applied to the judge for a certificate under the St. of 1862, c. 36, which enacts that “ in all actions relating to easements, and in all others in which the title to real estate may be concerned, the party finally prevailing shall recover his full…
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Tort to recover damages for diverting water from its natural course and discharging it upon the plaintiff’s land. At the trial in the superior court, before Reed, J., the jury returned a verdict of $5 for the plaintiff, and he applied to the judge for a certificate under the St. of 1862, c. 36, which enacts that “ in all actions relating to easements, and in all others in which the title to real estate may be concerned, the party finally prevailing shall recover his full costs, without regard to the amount of damages recovered, provided the right to the easement or the title to real estate…
1Opinion of the CourtGray, J.
This court has no jurisdiction of the question presented in this report. The St. of 1862, c. 36, making it a condition of the right to recover costs under that act, that the judge before whom the cause is tried shall certify that a right to an easement or title to real estate is in fact concerned, does not authorize him to refer to' this court the question whether he shall give such a certificate. The St. of 1869, c. 438, is limited to questions arising before verdict and reported by consent of par*347ties. The Gen. Sts. e. 115, § 6, by which the court after verdict may report the case for…
2Cited by4 opinions
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