Wentworth v. Eastern Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff’s intestate by the alleged negligence of the defendant. At the trial in the Superior Court, before Blodgett, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions to the admission of certain evidence, the nature of which appears in the opinion.
1Opinion of the CourtMorton, C. J.
It was a material question at the trial whether a certain gas-burner near the rear of the defendant’s station in Chelsea was lighted at the time of the accident to the plaintiff’s intestate. Two witnesses produced by the defendant testified, on direct examination, that this burner was lighted at the time of the accident; but, upon cross-examination, they testified that they had no memory of that particular night. The fair result of their testimony, as reported, is, that they knew it was lighted on that evening because the uniform practice or custom before, at, and after the time of the…
2Cited by4 opinions
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- Whicher v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1900
- Hines, Director Gen. R. R. v. PershinSupreme Court of Oklahoma · 1923
- Tuttle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1890