Blair v. Inhabitants of Pelham
Massachusetts Supreme Judicial Court
Tort for injuries occasioned by an alleged defect in a highway which the defendant was bound to keep in repair. Writ dated September 8, 1874. At the trial in the Superior Court, before Brigham, C. J., the plalritlff put in evidence tending to show that he was travelling in the night time with a horse and buggy; that there was a mud hole in the centre of the road which caused the travel to take one side or the other of this hole; that the road was a raised causeway built…
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Tort for injuries occasioned by an alleged defect in a highway which the defendant was bound to keep in repair. Writ dated September 8, 1874. At the trial in the Superior Court, before Brigham, C. J., the plalritlff put in evidence tending to show that he was travelling in the night time with a horse and buggy; that there was a mud hole in the centre of the road which caused the travel to take one side or the other of this hole; that the road was a raised causeway built through a hollow, the embankment, which was not protected by a rail, being twenty-three inches high; that the horse and…
1Opinion of the CourtGray, C. J.
1. A plan or picture, whether made by the hand of man or by photography, is admissible in evidence, if verified by proof that it is a true representation of the subject, to assist the jury in understanding the case. Marcy v. Barnes, 16 Gray, 161. Hollenbeck v. Rowley, 8 Allen, 473. Cozzens v. Higgins, 1 Abbott N. Y. 451. Ruloff v. People, 45 N. Y. 213. Udderzook v. Commonwealth, 76 Penn. St. 340. Church v. Milwaukee, 31 Wisc. 512. Whether it is sufficiently verified is a preliminary question of fact, to be decided by the judge presiding at the trial, and not open to exception. Commonwealth v.…
2Cases cited3 opinions
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- Walker v. CurtisMassachusetts Supreme Judicial Court · 1874
3Cited by61 opinions
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Poirier v. Town of PlymouthMassachusetts Supreme Judicial Court · 1978
- City of Delphi v. LoweryIndiana Supreme Court · 1881
- Adams v. StateSupreme Court of Florida · 1891
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
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