[DOWNLOAD] "Anthony v. Boston & M. R. R. (Four Cases)" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Anthony v. Boston & M. R. R. (Four Cases)
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 11, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
CROSBY, J. These are four actions of tort, tried together, arising from a collision in the forenoon of November 21, 1925,
between a motor truck and a locomotive at Lynch's Crossing, so called, a grade crossing over the defendant's railroad, in
Tewksbury, in this Commonwealth. The plaintiff Angus S. Anthony was operating the truck without a license, and at the time
of the accident his children, the plaintiffs Winifred and Arthur, were respectively ten and seven years of age, and were riding
on the seat with him. There was evidence tending to show that the plaintiff Leah W. Anthony was the owner of the truck. The actions were tried three times in the Superior Court. At the first trial in each case a verdict was returned for the
defendant on the second count, which was a common law count, and for each of the plaintiffs on the first count for failure
of the defendant to give the statutory signals as required by G. L. c. 160, 138; the verdicts for the plaintiffs
were set aside by the trial Judge. At the second trial the cases were submitted on the first count where a verdict was again
returned for each plaintiff. In answer to a question submitted to the jury by the trial Judge it was found that the defendant
failed to give the statutory signals. In each case the defendant filed a motion for a new trial on the following grounds:
'(1) Because the Answer and the Verdict were against the weight of the evidence. (2) Because the Answer and Verdict were against
the law. (3) Because the Answer and Verdict were against the law and evidence. (4) Because the Verdict was excessive.' After
hearing the Judge indorsed on each motion 'Allowed,' and signed his name. He filed a signed memorandum which the clerk attached
to the motion in the case of the plaintiff Arthur Anthony, in which it was stated that a new trial was granted on the first
ground. It is manifest that the memorandum was intended to apply to each case and was so noted on the record by the clerk.
The statement filed by the Judge setting forth the grounds upon which the motions were granted was sufficient to satisfy the
requirements of G. L. c. 231, 128; the statute does not require a separate statement to be filed in each case
where several are tried together. Anti v. Boston Elevated Railway, 247 Mass. 1, 5, 6, 141 N.E. 598. In each case the plaintiff's
exception to the order allowing the motion must be overruled. 'It is the general rule that the Disposition of a motion to
set aside a verdict for recognized causes rests in sound judicial discretion.' Bilsky v. Braley, 246 Mass. 480, 481, 141 N.E.
284, 285. There is nothing in the present record to show that there was an abuse of such discretion.