Purcell v. Boston, Halifax, & Prince Edward Island Steamship Line
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employment. At the trial'in the Superior Court, before Thompson, J., the jury returned a verdict for the plaintiff, on June 5, 1889, and the defendant alleged exceptions to certain rulings of the judge at the trial, which the judge allowed ; and the plaintiff alleged exceptions to the allowance of the defendant’s exceptions. The facts appear in the opinion.
1Opinion of the CourtC. Allen, J.
The defendant’s exceptions cannot be entertained and considered, because the defendant failed to give to the plaintiff the notice required by the Pub. Sts. c. 153, § 8. It is there provided that exceptions “ shall be filed with the clerk and notice thereof given to the adverse party . . . within three days after the verdict. . . . For good cause shown, a further time, not exceeding five days unless by consent of the adverse party, may be allowed by the court.” An extension of time was given, which expired on June 13, on which day the defendant filed exceptions, but gave no notice to the…
2Cases cited3 opinions
- Cowley v. McLaughlinMassachusetts Supreme Judicial Court · 1886
- Conway v. CallahanMassachusetts Supreme Judicial Court · 1876
- Browne v. HaleMassachusetts Supreme Judicial Court · 1879
3Cited by7 opinions
- Gallagher v. AtkinsMassachusetts Supreme Judicial Court · 1940
- Dolan v. Boott Cotton MillsMassachusetts Supreme Judicial Court · 1904
- Calcagno v. P. H. Graham & Sons Co.Massachusetts Supreme Judicial Court · 1943
- Moneyweight Scale Co.Massachusetts Supreme Judicial Court · 1917
- Hurley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
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