Lemery v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Petition to establish the truth of exceptions alleged by George Lemery at the trial of an action of tort for personal injuries brought by him against the Boston and Maine Railroad, and disallowed by Lilley, J., who presided at the trial in the Superior Court. The petition was referred to a commissioner, who made his report. The facts appear in the opinion. The case was argued at the bar in November, 1896, and after-wards was submitted on briefs to all the judges.
1Opinion of the CourtAllen, J.
At the trial, the plaintiff’s counsel read the pleadings, and proceeded to open the case to the jury; whereupon,on motion of the defendant, the court directed him to specify the negligence on ■ the part of the defendant on which he relied. The plaintiff thereupon said that he was unable to state with any more precision than he had done in his pleadings the cause of the accident complained of, but in his bill of exceptions as presented by him to the court it is set forth that he “ submitted the following statement of fact as his offer of proof of the cause of his injury: the following are the…
2Cases cited1 opinion
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
3Cited by3 opinions
- Beique v. HosmerMassachusetts Supreme Judicial Court · 1897
- Cahill v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1907
- Clemens Electrical Manufacturing Co. v. WaltonMassachusetts Supreme Judicial Court · 1899