Merritt v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff hy being thrown to a station platform while alighting from the defendant’s train at Port Chester, New York. After the former decision, reported 162 Mass. 326, the case was tried in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff hy being thrown to a station platform while alighting from the defendant’s train at Port Chester, New York. After the former decision, reported 162 Mass. 326, the case was tried in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. The plaintiff was a passenger on a way train from South Nor-walk, Connecticut, to Port Chester, on the evening of December 20, 1892, and rode with his nephew in a seat facing forward, near the middle of the car. As the train approached Port Chester the brakeman…
1Opinion of the CourtKnowlton, J.
Under Pub. Sts. c. 170, § 42, “ When a jury, after due and thorough deliberation upon a cause, return into court without having agreed on a verdict, the court may state anew the evidence, or any part of it, and explain to them anew the law applicable to the case.” See also Pub. Sts. c. 153, § 5.
*443The jury asked the judge this question: “Was the testimony of Cushion and Heil that they saw Merritt standing in the aisle of the car when the car started in their cross-exam in atiou ? ” An answer to the question might aid the jury in their deliberations, and it was proper for the judge to bring them…
2Cases cited1 opinion
- Kullberg v. O'DonnellMassachusetts Supreme Judicial Court · 1893
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