O'Driscoll v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort for an injury on February 19, 1898, to Patrick O’Driscoll, the plaintiff’s intestate, caused by a car of the defendant running from behind into the wagon in which he was driving.
Read the full summary
Tort for an injury on February 19, 1898, to Patrick O’Driscoll, the plaintiff’s intestate, caused by a car of the defendant running from behind into the wagon in which he was driving. Writ dated April 15, 1898. At the trial in the Superior Court, before Maynard, J., William J. Sheehan, a physician and surgeon, a witness for the plaintiff, testified that he called upon the plaintiff’s intestate on the day following the accident, found him in bed, made an examination, and found that there was a fracture of the ninth rib in the region of the back, that the intestate spit up blood, and by this…
1Opinion of the CourtHolmes, C. J.
The report of Dr. Kemble to the defendant was no less a “ declaration ” within St. 1898, c. 535, because it was in writing, than it would have been if made by word of mouth. No reason has been offered that seems to us to need an answer why the words of the act should be narrowed from their natural meaning. Difficulties are suggested, to be sure, as to what writings would amount to a declaration. Similar ones might be urged with regafd to spoken words. We will deal with them when they arise. — The statute is not confined to declarations of deceased parties to the controversy. — If the…
2Cases cited3 opinions
- Commonwealth v. PoissonMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. WorcesterMassachusetts Supreme Judicial Court · 1886
3Cited by17 opinions
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. RichmondMassachusetts Supreme Judicial Court · 1911
- Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1902
- Brewer v. CaseyMassachusetts Supreme Judicial Court · 1907
- Berwin v. LevensonMassachusetts Supreme Judicial Court · 1942
12 more not listed; retrieve them via the Exa API.