Barry v. Woodbury
Massachusetts Supreme Judicial Court
Contract or tort with a declaration, as amended, in four counts. Writ dated March 21,1906. In the Superior Court the case first was tried before Bond, J., who ruled that on all the evidence the plaintiffs could not recover and ordered a verdict for the defendant.
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Contract or tort with a declaration, as amended, in four counts. Writ dated March 21,1906. In the Superior Court the case first was tried before Bond, J., who ruled that on all the evidence the plaintiffs could not recover and ordered a verdict for the defendant. Exceptions alleged by the plaintiffs were sustained by this court in a decision reported in 205 Mass. 592. There was a new trial before Sanderson, J. At the close of the evidence the plaintiffs waived the first and the third counts of the declaration and went to the jury on the second and fourth counts. Those counts were as follows:…
1Opinion of the CourtSheldon, J.
The defendant’s first contention is that under the decision of this case reported in 205 Mass. 592, the plaintiffs could go to the jury only on the fourth count of their declaration. This contention is based upon the last sentence of the opinion then rendered, that “ the case of which there was evidence . . . was substantially within the 6 four quarters ’ of the fourth count, although there imperfectly stated.” But there was neither decision nor intimation that the case made out was not also within the “ four quarters ” of the second count, although there perhaps a little more imperfectly…
2Cases cited2 opinions
- Butterworth v. Western Assurance Co.Massachusetts Supreme Judicial Court · 1882
- Barry v. WoodburyMassachusetts Supreme Judicial Court · 1910