Legal Opinion

Priest v. Inhabitants of Groton

Massachusetts Supreme Judicial Court

Decided January 15, 1870PublishedCited by 24 opinions

Tort for injuries alleged to have been occasioned to the plaintiff by a defect in a highway, which the declaration alleged that the defendants were bound to keep in repair, but negligently suffered to be out of repair, whereby the plaintiff, travelling thereon and using due care, was hurt. The answer merely denied each and every allegation of the declaration.

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Tort for injuries alleged to have been occasioned to the plaintiff by a defect in a highway, which the declaration alleged that the defendants were bound to keep in repair, but negligently suffered to be out of repair, whereby the plaintiff, travelling thereon and using due care, was hurt. The answer merely denied each and every allegation of the declaration. Trial in the superior court, at June term 1869, before Putnam, J., who, after a verdict for the plaintiff, allowed a bill of exceptions. The dockets of the superior court contained the following entries in the case: Of June term 1869 —…

1Opinion of the CourtGray, J.

These motions present important questions of practice as to the time and manner of bringing before this court exceptions alleged to the rulings and instructions of the superior court.

1. The plaintiff in the first place objects that the exceptions were not duly allowed by the superior court. But the docket of that court of June term 1869, at which the verdict wTas returned, shows that the exceptions were filed by agreement, and does not show that judgment was rendered on the verdict; and by the existing laws no judgment could be entered, unless the exceptions were adjudged immaterial,…

2Cases cited2 opinions

  1. Preble v. BaldwinMassachusetts Supreme Judicial Court · 1850
  2. Commonwealth v. WilsonMassachusetts Supreme Judicial Court · 1868

3Cited by24 opinions

  1. Fuentes v. TuckerCalifornia Supreme Court · 1947
  2. Griffin v. GriffinMassachusetts Supreme Judicial Court · 1915
  3. Commonwealth v. McCarthyMassachusetts Supreme Judicial Court · 1876
  4. State v. MyersSupreme Court of Missouri · 1884
  5. Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880

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