Aldrich v. Boston & Worcester Railroad
Massachusetts Supreme Judicial Court
Contract to charge the defendants as warehousemen with the value of three barrels of kerosene oil and four barrels of glassware burned between midnight and four o’clock in the morning of November 1, 1866, in their freight house at Milford. At the trial in the superior court, Rockwell, J., refused a request of the defendants at the close of the evidence to direct a verdict in their favor, and the jury found for the plaintiff for the value of the glassware, but not of the oil.
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Contract to charge the defendants as warehousemen with the value of three barrels of kerosene oil and four barrels of glassware burned between midnight and four o’clock in the morning of November 1, 1866, in their freight house at Milford. At the trial in the superior court, Rockwell, J., refused a request of the defendants at the close of the evidence to direct a verdict in their favor, and the jury found for the plaintiff for the value of the glassware, but not of the oil. After this verdict, the judge, at the same time allowing a bill of exceptions taken by the defendants at the trial,…
1Opinion of the CourtHoar, J.
The manner in which this case comes before us ia irregular, and not authorized by statute. When the parties consent to the report of a judge after verdict, it should contain a statement of all the questions of law which it is proper to present; and a bill of exceptions cannot be sent with it. The losing party may have his bill of exceptions as a matter of right; but if the case is reported, all the exceptions allowed should be incorporated in the report. But as upon the report we are ail of opinion that the action cannot be maintained, tnere is no need to examine the bill of exceptions ; and…
2Cited by11 opinions
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Willett v. RichMassachusetts Supreme Judicial Court · 1886
- Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
- Murray v. International Steamship Co.Massachusetts Supreme Judicial Court · 1898
- Daddario v. City of GloucesterMassachusetts Supreme Judicial Court · 1952
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