Chalmers v. Whitmore Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, by the breaking of a bolt in a machine upon which he was at work in the defendant’s mill at Holyoke. At the trial in the Superior Court, before Dewey, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions to the exclusion of certain evidence, the nature of which appears in the opinion.
1Opinion of the CourtKnowlton, J.
The plaintiff’s counsel asked an expert witness this question: “How, suppose a bolt occupying a position like this bolt, in which there is this constant sidewise jar on it, — I will ask you whether or not a steel bolt is a proper bolt for the place? ” The question was ruled out on the defendant’s objection, and the plaintiff excepted. The question assumed as an absolute fact in the case, and not as a hypothesis, that there was a constant sidewise jar on the bolt, and then asked the witness to answer the precise question which was the issue before the jury. Whether there was such a jar was in…
2Cases cited5 opinions
- Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Stoddard v. Inhabitants of WinchesterMassachusetts Supreme Judicial Court · 1893
- Eames v. WhittakerMassachusetts Supreme Judicial Court · 1877
- Poole v. DeanMassachusetts Supreme Judicial Court · 1891
- Twomey v. SwiftMassachusetts Supreme Judicial Court · 1895
3Cited by11 opinions
- Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1905
- Sullivan v. BrabasonMassachusetts Supreme Judicial Court · 1928
- Adams v. Town of BoltonMassachusetts Supreme Judicial Court · 1937
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