Ibanez v. Winston
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff, who was a native of Spain, on July 26, 1911, when he was alleged to have been in the employ of the defendants at Pittsfield. Writ dated September 6, 1912. In the Superior Court the case first was tried before Hardy, J., and the jury returned a verdict for the plaintiff. The defendants alleged exceptions, which were disallowed by the judge and were proved before a commissioner.
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Tort for personal injuries sustained by the plaintiff, who was a native of Spain, on July 26, 1911, when he was alleged to have been in the employ of the defendants at Pittsfield. Writ dated September 6, 1912. In the Superior Court the case first was tried before Hardy, J., and the jury returned a verdict for the plaintiff. The defendants alleged exceptions, which were disallowed by the judge and were proved before a commissioner. The exceptions were allowed and were sustained in a decision reported in 218 Mass. 469. There was a new trial before Fox, J., at which the plaintiff offered in…
1Opinion of the CourtPierce, J.
It is a well established rule that evidence of what a deceased or now insane person testified at a former trial is competent in any subsequent trial of the same issue between the same parties or their privies, provided the former testimony can be substantially reproduced in all material particulars. Commonwealth v. Richards, 18 Pick. 434. Yale v. Comstock, 112 Mass. 267. Costigan v. Lunt, 127 Mass. 354. Temple v. Phelps, 193 Mass. 297, 299. McGivern v. Steele, 197 Mass. 164. Randall v. Peerless Motor Car Co. 212 Mass. 352, 385. In Commonwealth v. McKenna, 158 Mass. 207, it was held not enough…
2Cases cited6 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Temple v. PhelpsMassachusetts Supreme Judicial Court · 1906
- Yale v. ComstockMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. McKennaMassachusetts Supreme Judicial Court · 1893
- Costigan v. LuntMassachusetts Supreme Judicial Court · 1879
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3Cited by15 opinions
- Commonwealth v. GalloMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. BohannonMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. DiPietroMassachusetts Supreme Judicial Court · 1977
- City of Salem v. Massachusetts Commission Against DiscriminationMassachusetts Appeals Court · 1998
- Commonwealth v. MustoneMassachusetts Supreme Judicial Court · 1968
10 more not listed; retrieve them via the Exa API.