Edwards v. City of Worcester
Massachusetts Supreme Judicial Court
Tort, for personal injuries alleged to have been received by the plaintiff from a defect in a highway in the defendant city. At the trial in the Superior Court, before GasTcill, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, J.
The plaintiff does not rely upon the exception to the exclusion of the testimony relating to his habits as to temperance and to his reputation for sobriety, which was offered by him as bearing upon the probability of his intoxication. The ruling was right. Carr v. West End Street Railway, 163 Mass. 360. McCarty v. Leary, 118 Mass. 509. Heland v. Lowell, 3 Allen, 407.
The testimony of the alleged expert, which was offered to show whether the road was safe and convenient for travel, was properly excluded. It related to a matter on which the common experience and observation of the jury qualified…
2Cases cited6 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- The People v. . EastwoodNew York Court of Appeals · 1856
- Ryerson v. Inhabitants of AbingtonMassachusetts Supreme Judicial Court · 1869
- Carr v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Crane v. Town of NorthfieldSupreme Court of Vermont · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Irwin v. Town of WareMassachusetts Supreme Judicial Court · 1984
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
- Commonwealth v. CantyMassachusetts Supreme Judicial Court · 2013
- State v. JonesSupreme Court of Connecticut · 1938
- Commonwealth v. SpiropoulosMassachusetts Supreme Judicial Court · 1911
24 more not listed; retrieve them via the Exa API.