Yore v. City of Newton
Massachusetts Supreme Judicial Court
Tort for injury to property of the plaintiff on or about September 3,1903, from.an alleged defect in the grading at the intersection of Winchester Street and Boylston Street in Newton, highways of the defendant, by reason of which the furniture wagon in which the plaintiff was driving toppled over.
Read the full summary
Tort for injury to property of the plaintiff on or about September 3,1903, from.an alleged defect in the grading at the intersection of Winchester Street and Boylston Street in Newton, highways of the defendant, by reason of which the furniture wagon in which the plaintiff was driving toppled over. Writ dated September 18,1903. In the Superior Court the case was tried before Bond, J. One Mrs. Rust, a witness called by the plaintiff, had lived at the corner of Winchester Street and Boylston Street for about five years previous to the accident. She was asked on direct examination whether she…
1Opinion of the CourtLoring, J.
1. The presiding judge well might have thought
that the evidence excluded would lead to issues which would be likely to distract if not confuse the jury, take the defendant by surprise, or unduly protract the trial. If the evidence had been admitted it necessarily would have involved the admission of evidence, if offered by the defendant, as to how the hay, the barrels and the wood were loaded in the other cases and in each and all of them, as to how good a driver the teamsters in the other cases were and how they drove the several teams on the other occasions. If the presiding judge did think…
2Cases cited3 opinions
- Bemis v. TempleMassachusetts Supreme Judicial Court · 1894
- Shea v. Glendale Elastic Fabrics Co.Massachusetts Supreme Judicial Court · 1894
- Graef v. BernardMassachusetts Supreme Judicial Court · 1894
3Cited by14 opinions
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1933
- Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
- Sargent v. Inhabitants of MerrimacMassachusetts Supreme Judicial Court · 1907
- Williams v. HolbrookMassachusetts Supreme Judicial Court · 1913
- Ducharme v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1909
9 more not listed; retrieve them via the Exa API.