Crowley v. Appleton
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by the negligence of the defendant. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows.
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Tort for personal injuries occasioned to the plaintiff by the negligence of the defendant. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to prove that the plaintiff was subject to epileptic fits, in which he became unconscious; that the plaintiff was not aware and did not know that he was subject to said fits; that during the time he was subject to such fits he had worked for the defendant, who was a stone mason, in digging cellars and mixing mortar and similar work; that during this time the defendant…
1Opinion of the CourtDevens, J.
It was an important inquiry, in the case at bar, whether the plaintiff knew that he was liable to epileptic fits, and medical experts had been permitted to testify that unconsciousness on the part of the subject of such attacks that he had had them was one of their ordinary symptoms. The experts had *101also testified that they had made an examination with a view of ascertaining whether the plaintiff would be likely to understand that he had these fits on the fact being communicated to him. The plaintiff’s counsel then desired to put the question, “ From your examination of the plaintiff, what do…
2Cases cited1 opinion
- Warren v. Spencer Water Co.Massachusetts Supreme Judicial Court · 1887
3Cited by17 opinions
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- Shinners v. Proprietors of Locks & Canals on Merrimack RiverMassachusetts Supreme Judicial Court · 1891
- Boykin v. StateSupreme Court of Florida · 1898
- Weinstein v. MillerMassachusetts Supreme Judicial Court · 1924
- Hamilton v. Standard Oil Co. of IndianaSupreme Court of Missouri · 1929
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