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Wells v. Poland

Supreme Judicial Court of Massachusetts. Middlesex
Nov 25, 1935
292 Mass. 465 (Mass. 1935)

Opinion

October 9, 1935.

November 25, 1935.

Present: RUGG, C.J., PIERCE, FIELD, LUMMUS, QUA, JJ.

Pleading, Civil, Declaration.

A declaration in tort for negligence which failed to show that the plaintiff had been damaged by the alleged acts and omissions of the defendant was demurrable.

TORT. Writ dated November 14, 1934.

A demurrer by the defendant was sustained in the Superior Court by order of Morton, J. The plaintiff appealed.

S.J. Scott, for the plaintiff.

C. Hamilton, for the defendant, submitted a brief.


The plaintiff appeals from an order sustaining a demurrer to her declaration in tort alleging that the defendant was negligent in acting for her as an attorney in certain probate proceedings in 1923 and 1924. Many negligent acts and omissions are alleged, but one defect is common to all the allegations. Damage is an essential part of a cause of action for negligence, and must be alleged. Without lengthening this opinion by an analysis of each allegation, it is enough to say that no damage to the plaintiff is sufficiently alleged. Baldwin v. Western Railroad Corp. 4 Gray, 333. G.L. (Ter. Ed.) c. 231, § 147, "Declarations in Actions of Tort."

Order sustaining demurrer affirmed.


Summaries of

Wells v. Poland

Supreme Judicial Court of Massachusetts. Middlesex
Nov 25, 1935
292 Mass. 465 (Mass. 1935)
Case details for

Wells v. Poland

Case Details

Full title:RUTH M. WELLS vs. GEORGE M. POLAND

Court:Supreme Judicial Court of Massachusetts. Middlesex

Date published: Nov 25, 1935

Citations

292 Mass. 465 (Mass. 1935)
198 N.E. 764

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