Horan v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received when the plaintiff was thrown to the ground by the alleged negligent starting of an electric street car of the defendant as she was alighting from it. Writ dated July 24, 1916.
1Opinion of the CourtBraley, J.
It is settled under R. L. c. 175, § 66, that the declaration whether oral or in writing by a person since deceased, who if living would be a competent witness at the trial, cannot be admitted in evidence unless the presiding judge' “finds that it was made in good faith before the commencement of the action and upon the personal knowledge of the declarant.” Stocker v. Foster, 178 Mass. 591, 602. Dixon v. New England Railroad, 179 Mass. 242, 246. Dickinson v. Boston, 188 Mass. 595, 597. Heathcote v. Eldridge, 226 Mass. 168. O’Driscoll v. Lynn & Boston Railroad, 180 Mass. 187. And “this judicial…
2Cases cited10 opinions
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Stocker v. FosterMassachusetts Supreme Judicial Court · 1901
- Marston v. ReynoldsMassachusetts Supreme Judicial Court · 1912
- Dixon v. New England RailroadMassachusetts Supreme Judicial Court · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kelley v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1932
- Hicks v. H. B. Church Truck Service Co.Massachusetts Supreme Judicial Court · 1927
- Commonwealth v. McIntoshMassachusetts Supreme Judicial Court · 1927
- Dzura v. PhillipsMassachusetts Supreme Judicial Court · 1931
- Pappathanos v. CoakleyMassachusetts Supreme Judicial Court · 1928
7 more not listed; retrieve them via the Exa API.