United Transit Company v. Hawksley

This action of assumpsit was tried before a justice of the superior court sitting without a jury. The declaration is in five counts to each of which the defendant filed a plea of the general issue. At the trial the plaintiff waived its right to proceed on the first three counts, which involved the years 1949, 1950 and 1951, and relied only on the fourth and fifth counts in so far as they related to the taxable year 1952. Thereafter-a decision was entered for the defendant for costs. The case is before us on the single exception of 'the plaintiff to such decision.

The fourth count alleges in…