Sears v. Vincent
Massachusetts Supreme Judicial Court
Tort to recover damages for an assault and battery, and for the interruption of the plaintiff in his use of a right of way over land of the defendant. By an amended answer, the defendant set up an award of arbitrators, embracing the subject matter of the action.
Read the full summary
Tort to recover damages for an assault and battery, and for the interruption of the plaintiff in his use of a right of way over land of the defendant. By an amended answer, the defendant set up an award of arbitrators, embracing the subject matter of the action. At the trial in the superior court, before Wilkinson, J., it appeared that after the commencement of the action the parties entered into a submission to arbitration, by mutual bonds, as follows: The bond of the plaintiff to the defendant recited that the parties had agreed to submit “ all matters of controversy between them, growing…
1Opinion of the CourtMetcalf, J.
The jury were rightly instructed, we think, that the award set forth in the defendant’s answer was a bar to this action. The first objection made by the plaintiff to this ruling is, that the referees did not decide all the matters submitted to them, because they did not decide whether he should recover anything, or if anything how much, for the assault and battery, nor how much should be paid to the defendant for granting a right of way to Joseph H. Sears, the owner of the land occupied by the plaintiff. As to the damages for the assault and *510battery, the award, as originally made, directed…
2Cases cited1 opinion
- Kerr v. MeredithSupreme Court of Pennsylvania · 1806