McManus v. Thing
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by the negligence of one Redding, who was alleged to have been a servant of the defendants, in starting a freight elevator without notice to the plaintiff, who was upon it, whereby the plaintiff’s foot was caught and crushed. Writ dated July 15,1903. The case previously had been before this court twice.
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Tort for personal injuries alleged to have been caused by the negligence of one Redding, who was alleged to have been a servant of the defendants, in starting a freight elevator without notice to the plaintiff, who was upon it, whereby the plaintiff’s foot was caught and crushed. Writ dated July 15,1903. The case previously had been before this court twice. After a verdict had been rendered for the plaintiff at the first trial in the Superior Court, exceptions of the defendant were sustained in a decision reported in 194 Mass. 362. At the second trial of the case, the presiding judge,…
1Opinion of the CourtBraley, J.
The court at common law by virtue of its inherent power could after verdict withhold or stay judgment, if upon the face of the record error appeared which vitiated the proceedings. But if under this rule judgment could be arrested where the declaration did not conform to the cause of action for which the writ issued, or the verdict was not in conformity with the rulings upon the issues joined, or the action could have been defeated by a general demurrer, our St. of 1851, c. 233, § 32, re-enacted in St. 1852, c. 312, § 22, now R. L. c. 173, § 118, provides that “ a judgment shall not be…
2Cases cited15 opinions
- Commonwealth v. HaskinsMassachusetts Supreme Judicial Court · 1880
- McLaughlin v. CowleyMassachusetts Supreme Judicial Court · 1879
- Sawyer v. City of BostonMassachusetts Supreme Judicial Court · 1887
- Austin v. WalshMassachusetts Supreme Judicial Court · 1807
- Spurr v. Inhabitants of ShelburneMassachusetts Supreme Judicial Court · 1881
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3Cited by15 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- DiLorenzo v. Atlantic National BankMassachusetts Supreme Judicial Court · 1932
- Burke v. HodgeMassachusetts Supreme Judicial Court · 1912
- United Drug Co. v. CordleyMassachusetts Supreme Judicial Court · 1921
- Charles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
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