LEAVE v. BOSTON ELEVATED RY. CO.

No. 6434.

14 F.Supp. 775 (1936)

LEAVE v. BOSTON ELEVATED RY. CO.

District Court, D. Massachusetts.

May 5, 1936.


Attorney(s) appearing for the Case

Sidney Newman and Daniel A. Shea, both of Boston, Mass., for plaintiff.

Maurice P. Spillane, of Boston, Mass., for defendant.

Before ELISHA H. BREWSTER, U. S. District Judge.


BREWSTER, District Judge.

Defendant's answer in abatement raises the single question whether the plaintiff is a citizen of New Hampshire, as he alleges in his writ and declaration.

From the evidence it appears that the plaintiff had, prior to 1934, a fixed domicile in Massachusetts. From 1927 to 1934 he and his wife lived in Watertown in a home which he owned. In 1934 he rented an apartment in Boston, on Medfield street, in which apartment he and his wife...

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