Shea v. D. & N. Motor Transp. Co.
Decision Date | 26 June 1944 |
Citation | 55 N.E.2d 950,316 Mass. 553 |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Parties | RICHARD SHEA v. D. & N. MOTOR TRANSPORTATION CO. (and a companion case [1]). |
May 2, 1944.
Present: FIELD, C.
J., QUA, RONAN & WILKINS, JJ.
Practice, Civil Mistrial.
No error appeared in the denial of a motion for a declaration of a mistrial presented at the time of the opening address to the jury by counsel for the plaintiff and based on certain remarks therein, admittedly improper, in which he commented on his experience of years as a trier before juries, his belief in the jury system, and the fact that the case on trial would be his last, where it appeared that at the end of the charge to the jury the judge instructed them that the fact that the case was counsel's last was "of no concern and should have no influence whatsoever in determining the issues," and recalled to them that they were sworn to determine the issues solely on the evidence and the law.
TWO ACTIONS OF TORT. Writs in the Municipal Court of the Dorchester District dated April 23, 1940.
On removal to the Superior Court, the cases were tried together before Spalding, J.
H. S. Avery, for the defendants. J. J. Hennessey, for the plaintiff.
These are two actions of tort for bodily injuries sustained by the plaintiff when struck by a truck owned by the corporate defendant and operated by the individual defendant. The jury returned verdicts for the plaintiff. The only exception relates to the refusal of the judge to declare a mistrial by reason of statements made in the plaintiff's opening.
The plaintiff's counsel, a well known citizen, concluded his opening as follows: The counsel for the defendants thereupon moved that the judge declare a mistrial. The judge denied the motion, and the defendants excepted. In his charge to the jury the judge said, ...
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