Allen v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by reason of a collision of trains of the defendant in the subway in Boston on October 28, 1905. Writ dated May 2, 1908. In the Superior Court the case was tried before Dubuque, J. Material facts are stated in the opinion.
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Tort for personal injuries alleged to have been received by reason of a collision of trains of the defendant in the subway in Boston on October 28, 1905. Writ dated May 2, 1908. In the Superior Court the case was tried before Dubuque, J. Material facts are stated in the opinion. The jury found for the plaintiff in the sum of $2,500; and the defendant alleged exceptions, which related only to certain portions of the cross-examinatian of Dr. Henry C. Baldwin, a medical expect who testified for the defendant.
1Opinion of the CourtSheldon, J.
It hardly has been contended that the cross-examination of Dr. Baldwin was proper. The evidence thus obtained was plainly incompetent. It comes under the settled rule that neither medical books, though of recognized authority, nor the opinions of medical experts unless testified to by themselves as witnesses, can be received as evidence. Ashworth v. Kittridge, 12 Cush. 193. Commonwealth v. Wilson, 1 Gray, 337. Washburn v. Cuddihy, 8 Gray, 430. Commonwealth v. Sturtivant, 117 Mass. 122, 139. Commonwealth v. Brown, 121 Mass. 69, 81. Commonwealth v. Jordan, 207 Mass. 259, 271. That…
2Cases cited16 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. JordanMassachusetts Supreme Judicial Court · 1911
- Sullivan v. Old Colony Street RailwayMassachusetts Supreme Judicial Court · 1908
- Costello v. CrowellMassachusetts Supreme Judicial Court · 1882
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3Cited by32 opinions
- Berlandi v. CommonwealthMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. CrehanMassachusetts Supreme Judicial Court · 1963
- Commonwealth v. SneedMassachusetts Supreme Judicial Court · 1992
- Crowley v. SwansonMassachusetts Supreme Judicial Court · 1933
- Jones v. BloomMichigan Supreme Court · 1972
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