Horne v. Meakin
Massachusetts Supreme Judicial Court
Tort with a count in contract to recover damages for an injury to the female plaintiff, by being thrown from the defendants’ carriage. Trial in the Superior Court before Putnam, J. who allowed a bill of exceptions in substance as follows : The case was submitted to the jury only upon the amended count in tort hereafter mentioned.
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Tort with a count in contract to recover damages for an injury to the female plaintiff, by being thrown from the defendants’ carriage. Trial in the Superior Court before Putnam, J. who allowed a bill of exceptions in substance as follows : The case was submitted to the jury only upon the amended count in tort hereafter mentioned. It appeared in evidence that on Saturday, June 29, 1872, the father of James Horne, one of the plaintiffs, who lived in Canton, went to the defendants, who keep a livery stable in Canton, and engaged a horse and carriage for his son, to be used in a funeral…
1Opinion of the CourtDevens, J.
The objection made by the defendants that the amended count upon which the plaintiffs seek to recover was not filed until after verdict, and therefore that the plaintiffs cannot maintain their verdict, cannot be sustained. It was arranged, without objection by the defendants, when it was found that some amendment of the plaintiffs’ declaration was necessary, that such amendment should be made and filed thereafter, and the trial proceeded. Upon the declaration as it was to be amended, and upon the issue to be raised thereby, the presiding judge charged and the jury passed. From the…
2Cited by20 opinions
- Hoisting Engine Sales Co. v. . HartNew York Court of Appeals · 1923
- Mitchell v. LonerganMassachusetts Supreme Judicial Court · 1934
- Missouri, Kansas & Texas Railway Co. v. MerrillSupreme Court of Kansas · 1900
- Hinchliffe v. Wenig Teaming Co.Illinois Supreme Court · 1916
- Conn v. HunsbergerSupreme Court of Pennsylvania · 1909
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