# Acushnet Hospital Ass'n v. Town of Acushnet

> Massachusetts Supreme Judicial Court · October 29, 1945 · 318 Mass. 781

URL: https://www.frixlaw.com/law-library/cases/6445286

## Case

- **Full name:** Acushnet Hospital Association v. Town of Acushnet
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** October 29, 1945
- **Citations:** 318 Mass. 781; 63 N.E.2d 334; 1945 Mass. LEXIS 608
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6445286

## Opinion text

Appeal dismissed. This action of contract was brought in a District Court. There was a finding for the plaintiff. Upon a report to the Appellate Division the finding was vacated and a new trial for the assessment of damages ordered. The plaintiff claimed an appeal and the appeal has been entered in this court. The decision of the Appellate Division was not a “final decision” from which alone an appeal to this court lies. A new trial must be had before the case can be brought here. The appeal must be dismissed. G. L. (Ter. Ed.) c. 231, § 109. Real Property Co. Inc. v. Pitt, 230 Mass. 526 . Demers v. Scaramella, 252 Mass. 430 . Cunniff v. Cleaves, 288 Mass. 325 . Robinson v. Wm. Brown & Sons Co. 301 Mass. 316 . Weiner v. Pictorial Paper Package Corp. 303 Mass. 123, 125-126 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6445286. Public record. Not legal advice.