Sylvester v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Contract, with a declaration in three counts, the first count being upon an account annexed containing thirty-four items setting forth medical services and hospital expense incurred in the treatment of one Robert Litchfield at the plaintiff’s private hospital at Allerton, a part of Hull, on various dates beginning on August 29 and ending on September 30, 1909, one item of September 30 for "removal to home,” and two items on October 3 and 7 of visits to Hingham, the items…
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Contract, with a declaration in three counts, the first count being upon an account annexed containing thirty-four items setting forth medical services and hospital expense incurred in the treatment of one Robert Litchfield at the plaintiff’s private hospital at Allerton, a part of Hull, on various dates beginning on August 29 and ending on September 30, 1909, one item of September 30 for "removal to home,” and two items on October 3 and 7 of visits to Hingham, the items amounting in all to $392 and interest from November 1, 1909. The second count alleged in substance that Robert Litchfield…
1Opinion of the CourtSheldon, J.
The evidence of Jeffrey’s statements does not appear to have been admitted as the declaration of the alleged agent to show the nature and extent of his authority. That would have been incompetent. Brigham v. Peters, 1 Gray, 139. Baker v. Gerrish, 14 Allen, 201. Stollenwerck v. Thacker, 115 Mass. 224. But the evidence was competent as the declarations of a deceased witness. R. L. c. 175, § 66. We must infer that the necessary preliminary findings were made before the admission of the testimony. Dickinson v. Boston, 188 Mass. 595, 597. Evidence of his declarations was competent, just as his…
2Cases cited5 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Stollenwerck v. ThacherMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1875
- Pritchard v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1913
3Cited by4 opinions
- DuBois v. PowdrellMassachusetts Supreme Judicial Court · 1930
- Tenney v. FossMassachusetts Supreme Judicial Court · 1929
- Marciniak v. WalzMassachusetts Supreme Judicial Court · 1921
- George S. Briggs Coal Co. v. GardnerBoston Municipal Court · 1951