Curley v. Boston Herald-Traveler Corp.

During the trial of this case the judge, at the request of the plaintiff and over the objection of the defendant, declared a mistrial. Thereupon, the defendant moved that “a judgment of nonsuit be entered” against the plaintiff. The judge denied the motion and reported his order of denial for determination by this court under G. L. (Ter. Ed.) c. 231, § 111.

The defendant contends that nothing whatever had occurred to warrant the declaring of a mistrial; that under these circumstances the plaintiff’s request that a mistrial be declared and the judge’s granting of that request were, in substance…