Welsh v. Milton Water Co.
Massachusetts Supreme Judicial Court
Two actions OF tort, the first by a married woman to recover damages for lead poisoning alleged to have been caused by the use of drinking water furnished by the defendant, and the second by the husband of the plaintiff in the first case for the expenses of her illness and the loss of her society.
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Two actions OF tort, the first by a married woman to recover damages for lead poisoning alleged to have been caused by the use of drinking water furnished by the defendant, and the second by the husband of the plaintiff in the first case for the expenses of her illness and the loss of her society. Writs dated respectively August 4,1902, and April 24,1907. In the Superior Court the cases were tried together before Bond, J. The jury returned a verdict for the plaintiff in the first case in the sum of $3,000 and a verdict for the plaintiff in the second case in the sum of $1,500. Special…
1Opinion of the CourtBraley, J.
It is provided by R. L. c. 173, § 112, that “ the courts may, at any time before judgment, set aside the verdict in a civil action and order a new trial for any cause for which a new trial may by law be granted; but a verdict shall not be set aside except upon a motion in writing by a party to the cause, stating the reasons relied upon for its support.” But, while the decision of the court must be confined to the reasons stated, whether a new trial shall be granted is wholly discretionary, and to the exercise of his judicial discretion by the trial judge no exception lies to this court.…
2Cases cited8 opinions
- Peirson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Hart v. BrierleyMassachusetts Supreme Judicial Court · 1905
- Hawks v. TruesdellMassachusetts Supreme Judicial Court · 1868
- Reeve v. DennettMassachusetts Supreme Judicial Court · 1884
- Shanahan v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Scannell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Lopes v. ConnollyMassachusetts Supreme Judicial Court · 1912
- Bruns v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1940
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