McLean v. Fiske Wharf & Warehouse Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries. The declaration contained two counts, the first of which was as follows: “ The plaintiff says that the defendant is a corporation, duly established by law, and is the owner of certain buildings on Commercial Street in the city of Boston, occupied by various tenants ; that on or about the second day of January, A. D. 1890, the plaintiff occupied a portion of the building numbered 458 in the numbering of the stores and doorways on said Commercial…
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Tort, for personal injuries. The declaration contained two counts, the first of which was as follows: “ The plaintiff says that the defendant is a corporation, duly established by law, and is the owner of certain buildings on Commercial Street in the city of Boston, occupied by various tenants ; that on or about the second day of January, A. D. 1890, the plaintiff occupied a portion of the building numbered 458 in the numbering of the stores and doorways on said Commercial Street, and as such occupant or tenant used in common with the other tenants of said building a certain outhouse or…
1Opinion of the CourtKnowlton, J.
The plaintiff was not harmed by the ruling requiring her to elect, at the close of her evidence, on which count she would rely. Where the declaration contains two counts stating different grounds for recovery for the same cause of action, it is ordinarily in the discretion of the presiding justice to determine whether the plaintiff shall elect between them or be permitted to go to the jury on both. In the present case, the second count alleged that the defendant, prior to the accident, had undertaken to make repairs on the building, and had made them negligently. There was no evidence that…
2Cases cited2 opinions
- McKeon v. CutterMassachusetts Supreme Judicial Court · 1892
- Hutchinson v. CummingsMassachusetts Supreme Judicial Court · 1892
3Cited by19 opinions
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
- Galvin v. BealsMassachusetts Supreme Judicial Court · 1905
- Bell v. SiegelMassachusetts Supreme Judicial Court · 1922
- Williams v. Pittsfield Lime & Stone Co.Massachusetts Supreme Judicial Court · 1927
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