Felch v. Weare

1. The plaintiff’s- evidence tended to show that he had suffered from hernia prior to the accident, and that it was aggravated by the injury. He made no mention of this fact in his statement, filed with the town clerk and selectmen in obedience to statutory requirements (Gf. L., c. 75, s. 7; Laws 1885, e. 65). The defendants’ counsel was allowed to comment upon this omission in his closing argument to the jury, and the jury were allowed to consider the statement while making their verdict, to both of which rulings the plaintiff excepted. The statutes required the plaintiff to embody in his…