Jones v. Newton Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries incurred while alighting from a car of the defendant. Writ dated December 24, 1900. At the trial in the Superior Court before Sherman, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions.
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Tort for personal injuries incurred while alighting from a car of the defendant. Writ dated December 24, 1900. At the trial in the Superior Court before Sherman, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The judge, after stating that he was disposed to allow the exceptions if he properly could do so under the circumstances which appear in the opinion, certified upon the exceptions “ Allowed, if the court had the right to do so on statement in the bill of exceptions.”
1Opinion of the CourtBraley, J.
The first question is whether any exception is properly before us.
It appears that after the instructions to the jury had been completed the ruling requested and refused was presented for the first time to the presiding judge.
Under Rule 48 of the Superior Court it is provided that “No exception shall be allowed by the presiding justice, unless the same be alleged and saved at the time when the opinion, ruling, direction, or judgment excepted to is given. . . . All requests for instructions shall be made in writing before the closing arguments unless special leave is given to present further…
2Cases cited3 opinions
- Thwing v. CliffordMassachusetts Supreme Judicial Court · 1884
- Leyland v. PingreeMassachusetts Supreme Judicial Court · 1883
- Boutelle v. DeanMassachusetts Supreme Judicial Court · 1888
3Cited by8 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Higgins v. PrattMassachusetts Supreme Judicial Court · 1944
- New Bedford Cotton Waste Co. v. Eugen C. Andres Co.Massachusetts Supreme Judicial Court · 1926
- Pendleton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1929
- Thurston v. BluntMassachusetts Supreme Judicial Court · 1913
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