Dolan v. Boott Cotton Mills
Massachusetts Supreme Judicial Court
Tobt, by an infant by her next friend, for injuries received while employed in a cotton mill of the defendant at Lowell. Writ dated December 12, 1901. The writ was returnable in the Superior Court on January 6, 1902. The action was duly entered in that court by the plaintiff, and the defendant seasonably entered its appearance by counsel and filed as answer a general denial. Neither party filed a claim for a trial by jury.
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Tobt, by an infant by her next friend, for injuries received while employed in a cotton mill of the defendant at Lowell. Writ dated December 12, 1901. The writ was returnable in the Superior Court on January 6, 1902. The action was duly entered in that court by the plaintiff, and the defendant seasonably entered its appearance by counsel and filed as answer a general denial. Neither party filed a claim for a trial by jury. The plaintiff caused the action to be placed upon the list of actions for trial before Wait, J. sitting without juries at Lowell on June 23, 1902. On that day the…
1Opinion of the CourtKnowlton, C. J.
The question raised by the first bill of exceptions is whether it was in the power of the court, under the R. L. c. 173, § 56, and Rule 18 of the Superior Court, after the expiration of ten days from the filing of the answer, to make a special order permitting the plaintiff to put the case on the list of cases to be tried by a jury. That part of the statute which is applicable allows the entry of an action upon this list “ within such time after the parties are at issue as the court may by general or special order direct.” The general order of the Superior Court is found in Rule 18 of the…
2Cases cited15 opinions
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Wheeler v. Wason Manufacturing Co.Massachusetts Supreme Judicial Court · 1883
- Veginan v. MorseMassachusetts Supreme Judicial Court · 1893
- Ford v. Mount Tom Sulphite Pulp Co.Massachusetts Supreme Judicial Court · 1899
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3Cited by44 opinions
- DiMarzo v. American Mutual InsuranceMassachusetts Supreme Judicial Court · 1983
- Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
- Dalton v. Post Publishing Co.Massachusetts Supreme Judicial Court · 1952
- Edgarton v. H. P. Welch Co.Massachusetts Supreme Judicial Court · 1947
- Hecht Co., Inc. v. JacobsenCourt of Appeals for the D.C. Circuit · 1950
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