Fuller v. Andrew
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of Ellen Hull-Fuller, late of Quincy, for the death of the plaintiff’s intestate on Séptember 26, 1915, and the conscious suffering immediately preceding it, alleged to have been caused by the falling upon the intestate of a part of a wharf or pier alleged to have been maintained by the defendant in a defective and unsafe condition and to have been an unlawful structure maintained as a public nuisanee at a point known as West Head on…
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Tort, by the administrator of the estate of Ellen Hull-Fuller, late of Quincy, for the death of the plaintiff’s intestate on Séptember 26, 1915, and the conscious suffering immediately preceding it, alleged to have been caused by the falling upon the intestate of a part of a wharf or pier alleged to have been maintained by the defendant in a defective and unsafe condition and to have been an unlawful structure maintained as a public nuisanee at a point known as West Head on Peddocks Island in Boston Harbor, the first count of the declaration being under St. 1907, c. 375, and the second count…
1Opinion of the CourtRugg, C. J.
This case comes before us by report, after a verdict but while a motion for a new trial is pending, the presiding judge stating that he is of opinion that the verdict should be set aside solely because of excessive damages. The questions of law presented by the report arose at the trial before the jury and affect • decisive issues as to liability. Power to report exists under these •circumstances. St. 1910, c. 555, § 5. Smith v. Lincoln, 198 Mass. 388, 392. Strong v. Carver Cotton Gin Co. 202 Mass. 209, 212. Lee v. Blodget, 214 Mass. 374. Chertok v. Dix, 222 Mass. 226, 228. Edwards v. Willey,…
2Cases cited28 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Nichols v. City of BostonMassachusetts Supreme Judicial Court · 1867
23 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Beauvais v. Springfield Institution for SavingsMassachusetts Supreme Judicial Court · 1939
- Royal Indemnity Co. v. Pittsfield Electric Co.Massachusetts Supreme Judicial Court · 1935
- Nassr v. COMMONWEALTH NASSRMassachusetts Supreme Judicial Court · 1985
- Clarke v. BoysenCourt of Appeals for the Tenth Circuit · 1930
21 more not listed; retrieve them via the Exa API.