McLellan v. Fuller
Massachusetts Supreme Judicial Court
Tort against an attorney at law for damages alleged to have resulted from negligence on his part in the conducting and trying of an action of the plaintiff against the Moore Spinning Company under the employers’ liability act.
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Tort against an attorney at law for damages alleged to have resulted from negligence on his part in the conducting and trying of an action of the plaintiff against the Moore Spinning Company under the employers’ liability act. Writ dated February 17, 1908. The case first was tried in the Superior Court before McLaughlin, J., where the jury found for the plaintiff in the sum of $2,500. An exception of the defendant was sustained by a decision of this court reported in 220 Mass. 494. The case then was tried before Stevens, J. The material evidence is described in the opinion. At the close of…
1Opinion of the CourtBraley, J.
It was said in Gilbert v. Williams, 8 Mass. 51, 57, “There is no doubt that for any misfeasance or unreasonable neglect of an attorney, whereby his client suffers a loss, an action may be supported and damages recovered to the amount of that loss.” The plaintiff accordingly had the burden of establishing by competent evidence the fact of negligence or want of reason*378able skill on the part of the defendant, and the actual loss or damages resulting therefrom. Whitney v. Abbott, 191 Mass. 59, 64.
The jury could find that the defendant was seasonably retained to effect a settlement or to bring an…
2Cases cited8 opinions
- Cochran v. City of BostonMassachusetts Supreme Judicial Court · 1912
- Gilbert v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Conners Bros. v. SullivanMassachusetts Supreme Judicial Court · 1915
- Peabody v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
- Whitney v. AbbottMassachusetts Supreme Judicial Court · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Fishman v. BrooksMassachusetts Supreme Judicial Court · 1986
- Siegel v. KranisAppellate Division of the Supreme Court of the State of New York · 1968
- Brown v. GersteinMassachusetts Appeals Court · 1984
- Leahy v. Local 1526, American Federation of State, County, & Municipal EmployeesMassachusetts Supreme Judicial Court · 1987
- Colucci v. Rosen, Goldberg, Slavet, Levenson & Wekstein, P.C.Massachusetts Appeals Court · 1987
34 more not listed; retrieve them via the Exa API.