Cashin v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, against a railroad company, for personal injuries caused by a collision of trains of the defendant. Writ dated September 20, 1902. At the trial in the Superior Court before Harris, J., the liability of the defendant was admitted, and the case was tried for the assessment of damages.
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Tort, against a railroad company, for personal injuries caused by a collision of trains of the defendant. Writ dated September 20, 1902. At the trial in the Superior Court before Harris, J., the liability of the defendant was admitted, and the case was tried for the assessment of damages. The plaintiff’s wife, called as a witness in his behalf, was asked the question: “ Will you state any things of speech which you have heard bearing upon the question of his melancholy disposition ? ” The defendant objected, and the judge allowed the question. The witness answered “ I have heard him say if he…
1Opinion of the CourtHammond, J.
One of the claims made in behalf of the plainTiff was that the accident had caused serious mental injury, resulting among other things in melancholia. As bearing upon his mental condition in that respect, the testimony of the wife that she had heard him say “ if he didn’t have children he would *545commit suicide,” was plainly admissible. It was a verbal act which tended to show the mental condition. Lane v. Moore, 151 Mass. 87. Hayes v. Piíts-Kimball Co. 183 Mass. 262, 263, and cases cited. It is suggested in the defendant’s brief that this was a private statement by a husband to his wife, but…
2Cases cited3 opinions
- Lane v. MooreMassachusetts Supreme Judicial Court · 1890
- Inhabitants of Townsend v. Inhabitants of PepperellMassachusetts Supreme Judicial Court · 1868
- Hayes v. Pitts-Kimball Co.Massachusetts Supreme Judicial Court · 1903
3Cited by9 opinions
- Shepard v. United StatesSupreme Court of the United States · 1933
- Paxos v. Jarka CorporationSupreme Court of Pennsylvania · 1934
- Fondi v. Boston Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1916
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Leave v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1940
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