Cornell-Andrews Smelting Co. v. Boston & Providence Railroad
Massachusetts Supreme Judicial Court
Petition, filed on March 19,1906, by a Rhode Island corporation for damages caused in the course of the abolition under a decree of the Superior Court dated July 2, 1904, of a grade crossing of a private way in Attleborough called Maple Street and the respondent’s railroad.
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Petition, filed on March 19,1906, by a Rhode Island corporation for damages caused in the course of the abolition under a decree of the Superior Court dated July 2, 1904, of a grade crossing of a private way in Attleborough called Maple Street and the respondent’s railroad. The case previously had been before this court twice, the former decisions being reported in 202 Mass. 585 and 209 Mass. 298. The case again was tried in the Superior Court before Ratigan, J. The petitioner occupied for manufacturing purposes, under a lease from one Clarence L. Watson, a portion of a large tract of land…
1Opinion of the CourtSheldon, J.
This case is somewhat troublesome to deal with by reason of the number and complexity of the questions presented and the difficulty of picking out the decisive points. But that difficulty has been considerably and needlessly increased by the course of the respondent in setting out the testimony by question and answer instead of giving the substance of the evidence in a narrative form. This is a reprehensible method of alleging exceptions. See Odabashian v. Apsley Rubber Co. 214 Mass. 66. In Ryder v. Jenkins, 163 Mass. 536, it was held that a bill of exceptions in which all the testimony was…
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