Harrington v. Worcester, Leicester, & Spencer Street Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OE tort, for injuries occasioned to the plaintiffs in person and property, on September 9, 1891, by reason of the vehicle of the plaintiff in the first case coming into collision with a car owned by the defendant, which was then being driven by electricity along Canterbury Street in Worcester. The cases were tried together in the Superior Court, before Maynard, J., and the jury were taken to the scene of the accident to view the premises.
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Two ACTIONS OE tort, for injuries occasioned to the plaintiffs in person and property, on September 9, 1891, by reason of the vehicle of the plaintiff in the first case coming into collision with a car owned by the defendant, which was then being driven by electricity along Canterbury Street in Worcester. The cases were tried together in the Superior Court, before Maynard, J., and the jury were taken to the scene of the accident to view the premises. After the jury had rendered a verdict for the defendant in each action, it came to the knowledge of the plaintiffs’ counsel that Curtis B.…
1Opinion of the CourtLathrop, J.
A motion for a new trial is addressed to the discretion of the justice presiding at the trial; and his decision is final upon all questions of fact. But questions of law which arise for the first time at the hearing upon the motion, relating to the competency of the evidence or the rulings of the justice, may be revised by this court. Woodward v. Leavitt, 107 Mass. 453, 460. Pub. Sts. c. 153, § 8.
The question to .the juror was properly excluded. The rule was thus stated in Woodward v. Leavitt (p. 466), by Mr. Justice Gray: “ A juryman may testify to any facts bearing upon the question of the…
2Cases cited9 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Stampofski v. SteffensIllinois Supreme Court · 1875
- Read v. City of CambridgeMassachusetts Supreme Judicial Court · 1878
- Johnson v. WittMassachusetts Supreme Judicial Court · 1884
- Ortman v. Union Pacific Railway Co.Supreme Court of Kansas · 1884
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3Cited by26 opinions
- Commonwealth v. FidlerMassachusetts Supreme Judicial Court · 1979
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
- Berlandi v. CommonwealthMassachusetts Supreme Judicial Court · 1943
- People v. Wong LoungCalifornia Supreme Court · 1911
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
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