Ingalls v. Oliver

Apr 3, 1908
Reporters:
, ,
Before:
Morton
Morton, J.

The only question in these cases is whether the judge of the Superior Court had the right to set aside ‍​‌​‌‌​‌‌​‌​‌‌​‌​​‌‌​​​​​​​‌‌​‌‌​‌‌​​​‌​​‌​‌​​​​‌​​‌‌​‌‌‌‌‌​‌‌​‌​‌​​​‌‌​​‌‌​‌​​​​‌‌‌‌‌​‌‌​‌‌​​‌‌‌‍the verdict and order a new trial in regard to issues framed in this court by a justice thereof and sent to the Superior Court for *346trial in accordance with R. L. c. 162, § 25. It is plain, we think, that ‍​‌​‌‌​‌‌​‌​‌‌​‌​​‌‌​​​​​​​‌‌​‌‌​‌‌​​​‌​​‌​‌​​​​‌​​‌‌​‌‌‌‌‌​‌‌​‌​‌​​​‌‌​​‌‌​‌​​​​‌‌‌‌‌​‌‌​‌‌​​‌‌‌‍he had such right. The right of the presiding judge to set aside a verdict for good cause is as much an incident of the trial as the admission and exclusion of evidence, the ruling upon questions of law, or ‍​‌​‌‌​‌‌​‌​‌‌​‌​​‌‌​​​​​​​‌‌​‌‌​‌‌​​​‌​​‌​‌​​​​‌​​‌‌​‌‌‌‌‌​‌‌​‌​‌​​​‌‌​​‌‌​‌​​​​‌‌‌‌‌​‌‌​‌‌​​‌‌‌‍the settling and allowing of exceptions. Ho provision is made for a report of the evidence to this court with a view to the exercise by it of the power to set aside the verdict in such a case as ‍​‌​‌‌​‌‌​‌​‌‌​‌​​‌‌​​​​​​​‌‌​‌‌​‌‌​​​‌​​‌​‌​​​​‌​​‌‌​‌‌‌‌‌​‌‌​‌​‌​​​‌‌​​‌‌​‌​​​​‌‌‌‌‌​‌‌​‌‌​​‌‌‌‍this, and, unless the judge who presides at the trial has the right, aggrieved parties would be without a remedy. In Crocker v. Crocker, 188 Mass. 16, 21, it was assumed that the judge of the Superior Court had the right to set aside ‍​‌​‌‌​‌‌​‌​‌‌​‌​​‌‌​​​​​​​‌‌​‌‌​‌‌​​​‌​​‌​‌​​​​‌​​‌‌​‌‌‌‌‌​‌‌​‌​‌​​​‌‌​​‌‌​‌​​​​‌‌‌‌‌​‌‌​‌‌​​‌‌‌‍the verdict if there was ground for it, and we see no reason to doubt the correctness of the assumption.

Exceptions overruled.