Citation Codes Equivalent Citations citation codes Attorney(S) G.H. Young, for the F.F. Resendes, for the defendant, submitted a See more information ... Smart Summary Please sign up to generate summary. ACUSHNET HOSPITAL ASSOCIATION vs. TOWN OF ACUSHNET. 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.