Ryerson v. Inhabitants of Abington
Massachusetts Supreme Judicial Court
Tort to recover for personal injuries alleged to have been occasioned to the plaintiff on April 15, 1868, by falling into a hole while he was walking, as a traveller, on a highway which the defendants were bound to keep in repair.
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Tort to recover for personal injuries alleged to have been occasioned to the plaintiff on April 15, 1868, by falling into a hole while he was walking, as a traveller, on a highway which the defendants were bound to keep in repair. At the trial in the superior court, before Pitman, J., there was evidence tending to show that for several years before the accident the plaintiff had suffered from a bad rupture ; that the rupture was very much aggravated by the fall j that at the time of the accident he was not wearing a truss; and that be could not bear one; but that he was in danger without one,…
1Opinion of the CourtGray, J.
The court is of opinion that both of the exceptions taken to the rulings of the presiding judge upon questions of evidence arising in the course of the trial must be sustained.
1. The evidence of the plaintiff’s statements in conversation with Wales should have been admitted, as bearing upon the question whether the plaintiff was fraudulently making a claim against the town, which he knew to be unfounded.
2. The second question is of. more general importance. The surveyor of highways for the district, being called by the plaintiff as a witness, on cross-examination described the condition of…
2Cases cited3 opinions
- Conrad v. GriffeySupreme Court of the United States · 1854
- Pendleton v. . Empire Stone Dressing CompanyNew York Court of Appeals · 1859
- Adams v. WheelerMassachusetts Supreme Judicial Court · 1867
3Cited by42 opinions
- Hanks v. City of Port ArthurTexas Supreme Court · 1932
- Hanks v. City of Port ArthurTexas Supreme Court · 1932
- Horn v. StateWyoming Supreme Court · 1903
- Montgomery v. KnoxSupreme Court of Florida · 1887
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
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