Sandler v. Boston Elevated Ry. Co.
| Citation | 218 Mass. 333,105 N.E. 980 |
| Parties | SANDLER v. BOSTON ELEVATED RY. CO. |
| Decision Date | 18 June 1914 |
| Court | United States State Supreme Judicial Court of Massachusetts |
David Stoneman, of Boston, for appellant.
John E. Hannigan, of Boston, and Arthur J. Santry, of Roxbury, for appellee.
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or in the county in which the injury was received, and that R. L. c. 189, §§ 1, 2, were to that extent impliedly repealed.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 In re Kilby Bank, 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.
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Paige v. Sinclair
...233 Mass. 351, 364, 124 N. E. 37, 5 A. L. R. 1426, and cases collected. That statute has been considered in Sandler v. Boston Elevated Railway, 218 Mass. 333, 105 N. E. 980, and in Hanley v. Eastern Steamship Corp., 221 Mass. 125, 109 N. E. 167, Ann. Cas. 1917D, 1034. Its meaning and purpos......
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Hanley v. Eastern S.S. Co.
... ... Dennison, Robt ... [221 Mass. 130] ... Gallagher, and Chas. D. Driscoll, all of Boston, for ... plaintiff ... John T ... Hughes, of Boston, for defendant ... The purpose of ... that statute, as was pointed out in Sandler v. Boston ... Elev. Ry., 218 Mass. 333, 105 N.E. 980, was to relieve ... the courts of Suffolk ... ...
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Pinson v. Potter
...out of the operation of motor vehicles as well as to all other transitory actions. The statutory situation in Sandler v. Boston Elevated Railway Co., 218 Mass. 333, 105 N.E. 980, was materially different. The present action, therefore, was properly brought in the District Court. The defenda......
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Hanley v. Eastern S.S. Co.
...by St. 1904, c. 320, which governs the venue of these actions. The purpose of that statute, as was pointed out in Sandler v. Boston Elev. Ry., 218 Mass. 333, 105 N. E. 980, was to relieve the courts of Suffolk county, in which many defendants in actions of negligence have a usual place of b......