Cotter v. Boston, Revere Beach & Lynn Railroad
Massachusetts Supreme Judicial Court
Petition, filed on February 12, 1920, for the establishment of exceptions alleged to have been saved by the petitioner at the trial of an action brought by her as administratrix of the estate of Albert Cotter, late of Winthrop, against the Boston, Revere Beach and Lynn Railroad Company. The petition was referred to a commissioner, who filed a report.
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Petition, filed on February 12, 1920, for the establishment of exceptions alleged to have been saved by the petitioner at the trial of an action brought by her as administratrix of the estate of Albert Cotter, late of Winthrop, against the Boston, Revere Beach and Lynn Railroad Company. The petition was referred to a commissioner, who filed a report. Proceedings at the trial of the action before Bell, J., both relating to the merits and to the saving of an exception by the plaintiff, are described in the opinion. The case was submitted on briefs.
1Opinion of the CourtDe Courcy, J.
The plaintiff sued to recover damages for the conscious suffering and death of her intestate, Albert H. Cotter. At the trial in the Superior Court the judge submitted to the jury certain questions in writing, and on the answers thereto he ordered the jury to return a verdict for the defendant. On the petition to establish exceptions the only issue is whether the attorney for the plaintiff duly saved and alleged an exception to this order. The matter was referred to a commissioner and among the facts reported by him are the following:
At the close of all the evidence the defendant moved that…
2Cases cited8 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Burke v. HodgeMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. Min SingMassachusetts Supreme Judicial Court · 1909
- Spurr v. Inhabitants of ShelburneMassachusetts Supreme Judicial Court · 1881
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