Prentiss v. Wood
Massachusetts Supreme Judicial Court
Two actions OF contract, each containing a count in tort, to recover damages alleged to have been caused to the plaintiff’s mill by reason of the defendant’s dam setting the water back upon the same. Writs dated May 28, 1878. The cases were tried together in the Superior Court, before Aldrich, J., who directed a verdict for the plaintiff in each case; and reported the cases for the determination of this court.
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Two actions OF contract, each containing a count in tort, to recover damages alleged to have been caused to the plaintiff’s mill by reason of the defendant’s dam setting the water back upon the same. Writs dated May 28, 1878. The cases were tried together in the Superior Court, before Aldrich, J., who directed a verdict for the plaintiff in each case; and reported the cases for the determination of this court. If the direction was right, judgments were to be entered upon the verdicts; otherwise, the verdicts were to be set aside; or, if erroneous in one case and not in the other, the verdict…
1Opinion of the CourtMorton, C. J.
These two cases were tried together. By consent of the parties, certain specific questions were submitted to the jury, and the final ruling of the court, which alone is excepted to, was based upon their answers to these questions, and upon the other undisputed facts in the case. We must therefore assume as true the facts established by the findings of the jury, and such other facts as were not controverted at the trial.
It appeared that, in February 1876, the plaintiff brought an action against the defendant Wood in the Superior Court, the declaration containing a count in tort and a count in…
2Cited by34 opinions
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- Pickens v. Coal River Boom Co.West Virginia Supreme Court · 1909
- Aldworth v. City of LynnMassachusetts Supreme Judicial Court · 1891
- City of Valparaiso v. MoffittIndiana Court of Appeals · 1895
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