Carr v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, and for damages caused to his horses and wagon, by collision with a street car of the defendant. At the trial in the Superior Court, before Mason, C. J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff, and for damages caused to his horses and wagon, by collision with a street car of the defendant. At the trial in the Superior Court, before Mason, C. J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, in substance as follows. The defendant introduced evidence tending to show that the plaintiff was at the time of the collision under the influence of liquor, and that his condition, contributed not only to the accident, but to the extent of the injury which he claimed to have received therefrom. One…
1Opinion of the CourtHolmes, J.
The testimony as to the plaintiff’s habits was not admissible to contradict the evidence that he was intoxicated at the time of the accident. Neither was it admissible to meet the testimony brought out by the plaintiff on cross-examination, that he had been seen intoxicated several times before the accident. The latter testimony was immaterial, and the plaintiff was not entitled to contradict it. McCarty v. Leary, 118 Mass. 509. Shurtleff v. Parker, 130 Mass. 293, 297. Lamagdelaine v. Tremblay, 162 Mass. 339. Alexander v. Kaiser, 149 Mass. 321. Harrington v. Lincoln, 2 Gray, 133.
Exceptions…
2Cases cited4 opinions
- Shurtleff v. ParkerMassachusetts Supreme Judicial Court · 1881
- Lamagdelaine v. TremblayMassachusetts Supreme Judicial Court · 1894
- McCarty v. LearyMassachusetts Supreme Judicial Court · 1875
- Alexander v. KaiserMassachusetts Supreme Judicial Court · 1889
3Cited by16 opinions
- Laufer v. Bridgeport Traction Co.Supreme Court of Connecticut · 1897
- Davidson v. Massachusetts Casualty InsuranceMassachusetts Supreme Judicial Court · 1949
- Edwards v. City of WorcesterMassachusetts Supreme Judicial Court · 1898
- People v. ThompsonMichigan Supreme Court · 1899
- Dalton v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1901
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