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DRISCOLL v. PORTSMOUTH, KITTERY YORK STREET RAILWAY.

CHASE, J.

The defendants do not contend that the courts of this state cannot entertain jurisdiction of the action, but say it is within their discretion whether they will do so or not. If so, the question is one of fact rather than of law, and should be decided in the superior court.

Exception overruled.

All concurred.

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DRISCOLL v. RAILWAY
(Mar 7, 1902)