Citation Numbers: 264 Mass. 498
Judges: Rugg
Filed Date: 9/25/1928
Status: Precedential
Modified Date: 6/25/2022
These cases come before us on exceptions taken at the hearing of motions for a new trial on the ground
The decision in Claffey v. Fenelon, 263 Mass. 427, 434, is precisely applicable to the facts here disclosed, where it was held that such conversation upon an indifferent subject and wholly unrelated to the case on trial did not necessarily result in a mistrial. What there was said need not be repeated. It is decisive of the case at bar.
It follows that there was no error of law in the refusal of the trial judge to rule that the verdicts must be set aside. The disposition of the motions rested in the main in sound judicial discretion. There is nothing to indicate abuse of discretion. Davis v. Boston Elevated Railway, 235 Mass. 482, 495-497.
Exceptions overruled.