Comins v. Turner's Falls Co.
Massachusetts Supreme Judicial Court
Complaint under the mill act, Pub. Sts. c. 190, for flowage. After the former decision, reported 138 Mass. 222, the ease was tried in the Superior Court, before Staples; J., who ruled that, if the respondent’s dam was effectively raised by him, and thereby flowed the complainant’s land, doing damage, it presented a case under the mill act; and excluded evidence offered by the respondent, tending to show that the dam was not higher in its effective height than a former dam,…
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Complaint under the mill act, Pub. Sts. c. 190, for flowage. After the former decision, reported 138 Mass. 222, the ease was tried in the Superior Court, before Staples; J., who ruled that, if the respondent’s dam was effectively raised by him, and thereby flowed the complainant’s land, doing damage, it presented a case under the mill act; and excluded evidence offered by the respondent, tending to show that the dam was not higher in its effective height than a former dam, in place of which this dam had been constructed, and afterwards raised. The jury found for the complainant; and the…
1Opinion of the CourtMorton, C. J.
It is the rule, settled by numerous decisions, that exceptions taken in cases pending in the Superior Court cannot be entered and heard in this court until the case has been finally disposed of, or is ripe for judgment, in the court below.
Interlocutory judgments or rulings cannot be heard until after a final disposition of the case in the Superior Court. Boyce v. Wheeler, 133 Mass. 554, and cases cited. Crompton Carpet Co. v. Worcester, 119 Mass. 375. This rule applies to the case before us. In Marshall v. Merritt, 13 Allen, 274, which, like this case, was a complaint under the mill act,…
2Cases cited2 opinions
- Boyce v. WheelerMassachusetts Supreme Judicial Court · 1882
- Crompton Carpet Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1876
3Cited by4 opinions
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Lowd v. BrighamMassachusetts Supreme Judicial Court · 1891
- Ownbey v. MorganSupreme Court of Delaware · 1917
- Farris v. St. Paul's Baptist ChurchMassachusetts Supreme Judicial Court · 1914