Flaherty v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained by the plaintiff on November 6,1909, from being struck by a car of the defendant while the plaintiff was working as a laborer in repairing a public highway in Haverhill.
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Tort for personal injuries alleged to have been sustained by the plaintiff on November 6,1909, from being struck by a car of the defendant while the plaintiff was working as a laborer in repairing a public highway in Haverhill. Writ dated January 18, 1910. In the Superior Court the case was tried before AiJcen, C. J. One Sturtevant, who was on the front platform of the car at the time the plaintiff was struck, was called as a witness by the defendant, and was cross-examined by the plaintiff in regard to a paper containing printed questions and answers in writing which was signed by the…
1Opinion of the CourtSheldon, J.
The paper introduced in evidence by the defendant on the re-examination of its witness was incompetent. It is not contended that it was admissible on any, other ground than by reason of the references made to it in the cross-examination of the witness. But the plaintiff’s counsel had raised no question as to its contents; he had not called for it or inspected it; he disclaimed any intention of referring to it in argument. We have examined all the decisions relied on by the defendant’s counsel, and none of them affords any authority for its admission under the circumstances of this case. See…
2Cases cited3 opinions
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Boyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Botkin v. MillerMassachusetts Supreme Judicial Court · 1906
3Cited by3 opinions
- Leonard v. TaylorMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. RisemanMassachusetts Supreme Judicial Court · 1926
- Beers v. O'BrienMassachusetts Supreme Judicial Court · 1944