Crow v. Stowe
Massachusetts Supreme Judicial Court
Petition to establish the' truth of exceptions. The petition set forth that at the trial of an action in the Superior Court the petitioner excepted to certain instructions given by the court to the jury, and duly reduced the exceptions to writing and presented them to the court, but that the presiding justice failed to sign and return them. The bill of exceptions, a copy of which was annexed to the petition, was as follows : “ This is an action upon a warranty of a horse.
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Petition to establish the' truth of exceptions. The petition set forth that at the trial of an action in the Superior Court the petitioner excepted to certain instructions given by the court to the jury, and duly reduced the exceptions to writing and presented them to the court, but that the presiding justice failed to sign and return them. The bill of exceptions, a copy of which was annexed to the petition, was as follows : “ This is an action upon a warranty of a horse. It was conceded that the defendant sold the plaintiff the horse in question, May 14, 1870, and warranted it to be sound…
1Opinion of the CourtGray, C. J.
The instructions to the jury, of which the plaintiff complains, take substantially different aspects upon the exceptions presented by him to the judge who presided at the trial, and upon the exceptions proved before the commissioner.
Besides the different color given by the transposition of the sentences, the first instruction complained of, as stated in the exceptions presented, was no further qualified than by telling the jury that, if the viciousness of the horse after the sale was such as to convince them that it existed before, it was evidence which the jury might “ consider upon the…
2Cases cited2 opinions
- Cullen v. SearsMassachusetts Supreme Judicial Court · 1873
- Bottum v. FogleMassachusetts Supreme Judicial Court · 1870
3Cited by3 opinions
- Ela v. CockshottMassachusetts Supreme Judicial Court · 1876
- Gage v. CampbellMassachusetts Supreme Judicial Court · 1881
- Ferguson v. DeanMassachusetts Supreme Judicial Court · 1882