Sandler v. Boston Elevated Railway Co.
This text of 218 Mass. 333 (Sandler v. Boston Elevated Railway Co.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The purpose of St. 1904, c. 320, is manifest. It was to relieve the courts of those counties in which defendants in actions of negligence usually have a place of business from the trial of actions where the act of negligence happened in another county to plaintiffs residing or having a place of business in other counties. If (as is contended by the plaintiff) it were still possible' to begin the action (in such cases) by a trustee writ, the purpose of the enactment to a large extent would be nullified. We are of opinion that the Legislature meant what it said when it provided that such actions “shall be brought” in the county where the plaintiff lives or has his usual place of business, or in the county in which the injury was received, and that R. L. c. 189, §§ 1, 2, were to that extent impliedly repealed. See in this connection Kilby Bank, petitioner, 23 Pick. 93; Merchants Bank v. Cook, 4 Pick. 405.
The order for judgment dismissing the action must be affirmed; and it is
So ordered.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
218 Mass. 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sandler-v-boston-elevated-railway-co-mass-1914.