Demers v. Scaramella
Cases that cite this one
9 later published cases cite this decision.
- Orasz v. Colonial Tavern, Inc. (Mass. 1974)
- Acushnet Hospital Ass'n v. Town of Acushnet (Mass. 1945)
- Weiner v. Pictorial Paper Package Corp. (Mass. 1939)
- Gill v. Stretton (Mass. 1937)
- Hammond v. Boston Terminal Co. (Mass. 1936)
- Cunniff v. Cleaves (Mass. 1934)
- Endicott Johnson Corp. v. Hurwitz (Mass. 1933)
- Buchannan v. Meisner (Mass. 1932)
- Patterson v. Ciborowski (Mass. 1931)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is an appeal from an order of the Appellate Division of the Western District, reversing a ruling of a judge of the District Court of Springfield and directing a new trial of the whole case. The case is here prematurely. Appeal does not lie immediately to this court from such an order. It is not a final decision. The new trial must be had. Real Property Co. Inc. v. Pitt, 230 Mass. 526. Matson v. Sbrega, 250 Mass. 138, and cases there collected. Beacon Tool & Machinery Co. v. National Products Manuf. Co., ante, 88. It may be added that the question which the parties have sought to argue is not fairly presented, because a ruling of law that a plaintiff can recover rarely can be made. Even facts found, unless including a statement of all inferences drawn, do not afford basis for such rulings.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.