Smith v. Holcomb
Massachusetts Supreme Judicial Court
Tort for assault and battery by blows on the plaintiff’s head. Writ dated February 23, 1867. Answer, among other things, that on November 19, 1866, the plaintiff sued the defendant for the same cause of action, and on February 6,1867, by a writing under seal, the parties withdrew that action from court, and submitted it “ for final decision ” to a board of four arbitrators, (three of the four, including one physician, being named in the writing, and it being provided that…
Read the full summary
Tort for assault and battery by blows on the plaintiff’s head. Writ dated February 23, 1867. Answer, among other things, that on November 19, 1866, the plaintiff sued the defendant for the same cause of action, and on February 6,1867, by a writing under seal, the parties withdrew that action from court, and submitted it “ for final decision ” to a board of four arbitrators, (three of the four, including one physician, being named in the writing, and it being provided that the fourth also should be a physicián, to be selected by the defendant,) who were to meet on February 16, at the…
1Opinion of the CourtChapman, C. J.
The language of the award does not import that the arbitrators have come to any conclusion in respect to damages; but that they are unable to do so by reason of disagreement among themselves. They are only able to agree that each party pay “ his own arbitrators ” the sum stated for their services. It is quite unlike the award in Stickles v. Arnold, 1 Gray, 418, and the awards in the other cases there referred to. The arbitrators have not decided the principal matter which was submitted to them, and such an award is no bar to this action. Houston v. Pollard, 9 Met. 164. Fletcher v. Webster, 5…
2Cases cited1 opinion
- Whitney v. WhitmanMassachusetts Supreme Judicial Court · 1809
3Cited by30 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- District of Columbia v. WoodburySupreme Court of the United States · 1890
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- McKinley v. C. & N. W. R.Supreme Court of Iowa · 1876
- Craven v. . BloomingdaleNew York Court of Appeals · 1902
25 more not listed; retrieve them via the Exa API.