Digest of the Decisions of the Supreme Judicial Court of the Commonwealth of Massachusetts, From 1804 to 1886, As Contained in the Series of Reports Beginning With the First And Ending With the One Hundred And Forty-First volume of Massachusetts Reports
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196. So in a civil action. Bowditch Ins. Co. *>. Buffum, (2 G.) 68 550. 197. An erroneous ruling against the plain- tiff, on the measure of damages, does not lay the foundation of an exception, where the jury find a general verdict for the defendant. Robinson v. Fitchburg & W. Railroad, (7 G.) 73 92; Poland v. Brownell, 131 138. 198. So, an erroneous ruling in favor of the the plaintiff, on the measure of damages, or his right to recover upon one item of his claim, does not lay the foundation o...f an exception, if the verdict shows that the jury disallowed the erroneous claim. Couillard «. Duncan, (6 A.) 88 440; Walker v. Fitchburg, 102 407; Pratt «. Paine, 119 439. * 199. So an erroneous ruling that the action can be maintained under the declaration, is cured by an amendment of the declaration. Birnbaumu. Crowninshield, 137 177. 200. So objections to an auditor's report become immaterial, if the verdict shows that the items objected to were not allowed. Phillips v. Cornell, 133 546. 201.
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