Hiller v. American Telephone & Telegraph Co.

The plaintiff appeals from an order sustaining a demurrer to the declaration and from an order for judgment for the defendant. The case originated as a suit in equity and was amended into an action at law on the plaintiff’s motion. The declaration does not state to what division of actions it belongs. See G. L. (Ter. Ed.) c. 231, §§ 1; 7, First. The plaintiff contends that the action sounds in tort, and we consider the case on that footing. The demurrer assigns numerous grounds. If any ground is good, it will be enough to dispose of the appeal. Ratté v. Forand, 299 Mass. 185, 187. Hogan v.…