City of Springfield v. Sleeper
| Decision Date | 22 September 1874 |
| Citation | 115 Mass. 587 |
| Parties | City of Springfield v. Marcellus D. Sleeper. Same v. A. M. Sleeper. Same v. P. W. Brewster |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Hampden. Three actions of contract upon the following instrument in writing signed by the defendants and others: "Provided the city will place granite curb-stones around the large trees on North Main Street, for the purpose of protecting them, we the subscribers hereby agree to pay to the city the cost of the curbstones so placed opposite our land on our side of the street."
At the trial in the Superior Court, Aldrich, J., ordered, the plaintiff objecting, that the cases should be tried together. The evidence against the defendants was different, and they employed different counsel. The presiding judge directed the jury to consider and decide each case separately, and called their attention to the evidence applicable to each case, and gave them instructions which were not excepted to. The jury found a verdict for the defendant in each case, and the plaintiff alleged exceptions.
Exceptions overruled.
W. L. Smith, for the plaintiff.
G. M. Stearns & H. Morris, for the defendants.
It was within the discretion of the court to order the three cases to be tried together. The difference in the evidence, and the employment of distinct counsel by the defendants, were circumstances to be considered by the court below, but did not entitle the plaintiff as of right to separate trials. Witherlee v. Ocean Ins. Co. 24 Pick. 67. Kimball v. Thompson, 4 Cush. 441. Commonwealth v. Robinson, 1 Gray 555. Commonwealth v. James, 99 Mass. 438. Commonwealth v. Powers, 109 Mass. 353.
Exceptions overruled.
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Priddy v. Mackenzie
...v. Hillmon, 145 U.S. 285; Den v. Fen, Halst. 335; Witherlee v. Ocean Ins. Co., 24 Pick. 67; Jackson v. Stiles, 5 Cow. 282; Springfield v. Sleeper, 115 Mass. 587; Wiede v. Co., Fed. Cas. No. 17617. OPINION WOODSON, J. The plaintiffs instituted this suit in the circuit court of Jackson county......
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Arthur Yardley v. Rutland Railroad Co. And Abe Ruskin v. Rutland Railroad Co
... ... 1042; Sullivan v. Boston Electric Light ... Co., 181 Mass. 294, 63 N.E. 904; Springfield v ... Sleeper, 115 Mass. 587; Witherlee v ... Ocean Ins. Co., 41 Mass. 67; ... [153 A. 197] ... ...
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Burke v. Hodge
...all the cases tried together. Witherlee v. Ocean Ins. Co. 24 Pick. 67; Kimball v. Thompson 4 Cush. 441, 50 Am. Dec. 799; Springfield v. Sleeper, 115 Mass. 587; Burt Wigglesworth, 117 Mass. 302; Commonwealth v. Miller, 150 Mass. 69, 22 N.E. 434; Sullivan v. Boston Elec. Light Co., 181 Mass. ......
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Priddy et al. v. MacKenzie
...and to try them together, although defendants employed different counsel, and the evidence in each case was different. Springfield v. Sleeper, 115 Mass. 587. The same question came before the Supreme Court of New Jersey, where several actions of ejectment were brought by the lessor of the p......