Cummings v. Ayer
Massachusetts Supreme Judicial Court
Tort for personal injuries as alleged below. Writ dated June 2,1902. The declaration was as follows : “ And the plaintiff says that on the first day of October, 1901, Charles E. Cummings, the father of the plaintiff, who is a minor three years of age and a member of the family of the said Charles E. Cummings, hired of the defendant a certain tenement, number 8 Martin Street in Medford, and the said Charles E. Cummings entered into possession of said tenement and used the…
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Tort for personal injuries as alleged below. Writ dated June 2,1902. The declaration was as follows : “ And the plaintiff says that on the first day of October, 1901, Charles E. Cummings, the father of the plaintiff, who is a minor three years of age and a member of the family of the said Charles E. Cummings, hired of the defendant a certain tenement, number 8 Martin Street in Medford, and the said Charles E. Cummings entered into possession of said tenement and used the same as a dwelling-house for himself and his family, including the plaintiff; that the said defendant agreed to keep the…
1Opinion of the CourtBraley, J.
The order sustaining the demurrer was not accompanied by any direction that judgment thereon should be entered for the defendant, and until this had been done the plaintiff’s right of appeal to this court was in abeyance. R. L. c. 173, § 96. Fay v. Upton, 153 Mass. 6.
Under the practice adopted in this case by the Superior Court, after the demurrer was sustained an opportunity was afforded the plaintiff to amend her declaration if she desired, while the defendant was at liberty to move for judgment if an amendment was not seasonably filed or allowed, and no injustice was suffered by either…
2Cases cited8 opinions
- Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Cowen v. SunderlandMassachusetts Supreme Judicial Court · 1887
- Moynihan v. AllynMassachusetts Supreme Judicial Court · 1894
- McLean v. Fiske Wharf & Warehouse Co.Massachusetts Supreme Judicial Court · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Domenicis v. FleisherMassachusetts Supreme Judicial Court · 1907
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1920
- Oliver Ditson Co. v. TestaMassachusetts Supreme Judicial Court · 1913
11 more not listed; retrieve them via the Exa API.