Olszewski v. Goldberg
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the explosion of a dangerous article negligently included within a “prize package” sold to the plaintiff by the defendant. Writ dated November 3, 1913. In the Superior Court the case was tried before King, J. The material facts are described in the opinion.
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Tort for personal injuries received by the explosion of a dangerous article negligently included within a “prize package” sold to the plaintiff by the defendant. Writ dated November 3, 1913. In the Superior Court the case was tried before King, J. The material facts are described in the opinion. There was a verdict for the plaintiff in the sum of $1,000. The defendant filed a motion for a new trial on the ground, among others, of newly discovered evidence as to a mistake in a record of conviction introduced by the plaintiff to affect the credibility of the defendant’s witness Willis. The…
1Opinion of the CourtCarroll, J.
Ellis W. Willis was a witness for the defendant. To affect the credibility of the witness, a record showing his conviction upon a plea of guilty of the sale of an air gun to a minor was introduced. Later it was found that there was an error in the record, that Willis had been convicted on a plea of nolo contendere. There was a verdict for the plaintiff.
On a motion for a new trial by the defendant, the judge reported the case, stating that in his opinion “the record, even if it had been accurate as to the plea of the said Willis, and the action of the court thereon, would have been admissible…
2Cases cited2 opinions
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