Robbins v. Brockton Street Railway Co.
Massachusetts Supreme Judicial Court
Petition to establish the truth of exceptions in an action of tort for damages for personal injuries caused by a car of the defendant coming into collision with an ice cart which the plaintiff was driving. Also a bill of exceptions allowed in the same case, relating to interrogatories. Writ dated September 22, 1899. At the trial in the Superior Court, before Bell, J., the jury returned a verdict for the defendant.
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Petition to establish the truth of exceptions in an action of tort for damages for personal injuries caused by a car of the defendant coming into collision with an ice cart which the plaintiff was driving. Also a bill of exceptions allowed in the same case, relating to interrogatories. Writ dated September 22, 1899. At the trial in the Superior Court, before Bell, J., the jury returned a verdict for the defendant. No exceptions were taken by the plaintiff at the trial to the judge’s charge, nor did he call the attention of the judge to any error in it, nor suggest any directions or changes.…
1Opinion of the CourtHolmes, C. J.
There are two bills of exceptions in this case.
One of them was to alleged rulings and refusals to rule upon a motion for a new trial. This bill the judge disallowed. He also certified that he overruled the motion for a new trial on grounds of discretion and not upon a ruling of law. The case was sent to a commissioner, who reports that at the hearing on the motion the plaintiff’s counsel asked rulings that certain expressions in the charge were expressions of opinion sufficient to entitle the plaintiff to a new trial, and that certain portions of the charge were argumentative. No exception to…
2Cases cited5 opinions
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1883
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1901
- Gunn v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- Parker v. GriffithMassachusetts Supreme Judicial Court · 1898
- Sullivan v. Bar Ass'nMassachusetts Supreme Judicial Court · 1898
3Cited by16 opinions
- Peterson v. HopsonMassachusetts Supreme Judicial Court · 1940
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Brooks v. ShawMassachusetts Supreme Judicial Court · 1908
- Commonwealth v. OsmanMassachusetts Supreme Judicial Court · 1933
- Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1910
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