Acushnet Hospital Ass'n v. Town of Acushnet
Acushnet Hospital Association v. Town of Acushnet
Opinion of the Court
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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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