Moose-A-Bec Quarries Co. v. Eastern Tractor & Equipment Co.

This case is brought to the Court on exceptions by the plaintiff following a nonsuit ordered in the Trial Court. The bill of exceptions challenges not only the action of the Justice below in directing the nonsuit, but also his evidence ruling in admitting testimony offered to lay the foundation for a claim that the action was barred under the principle of res judicata. As we view the case, however, it is unnecessary to decide whether or not this established principle of law is applicable.

The plaintiff corporation, prior to December 24, 1940, operated a granite quarry on Hardwood Island within…