Murphy v. Boston, Clinton & Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort for an assault upon the plaintiff by one of the defendants’ servants and his ejection from their cars. Answer, a gen* eral denial.
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Tort for an assault upon the plaintiff by one of the defendants’ servants and his ejection from their cars. Answer, a gen* eral denial. Trial in the Superior Court, before Pitman, J., who made a report thereof, which set forth the plaintiff’s declaration and testimony, and continued and concluded as follows: “ The defendants offered no evidence, contending that there was a variance between the plaintiff’s evidence and his declaration ; and, not admitting that any cause of action was shown against them, they claimed also that whatever remedy he might have, he had none in the present form of…
1Opinion of the CourtGray, J.
By the St. of 1869, e. 438, “ questions of law,” “ arising upon a trial or other proceeding before the Superior Court, may, by consent of the parties to the suit, be reported before verdict for the determination of the Supreme Judicial Court.” In order to give this court jurisdiction of a question reported under this statute, it must be a question arising in the case, and not a merely abstract or hypothetical question which may never arise; and it must be a question, an opinion upon which, at least if given one way, will take the form of a judgment determining rights of the parties. It is no…
2Cases cited2 opinions
- Hubner v. HoffmanMassachusetts Supreme Judicial Court · 1871
- McCormick v. CarrollMassachusetts Supreme Judicial Court · 1869
3Cited by6 opinions
- Hale v. BergIndiana Court of Appeals · 1908
- Noble v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Wood v. Commissioners of West Boston & Cragie BridgesMassachusetts Supreme Judicial Court · 1877
- Hearst Corp. v. A. Walk, Inc.Massachusetts Appeals Court · 1981
- Fall River Savings Bank v. LebelMassachusetts District Court, Appellate Division · 1982
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