New England Telephone & Telegraph Co. v. H. Cohen & Co.

I concur in the result reached by the court, but I would grant a new trial on other grounds. In my opinion the evidence, as reported to us, was not sufficient to warrant a finding of negligence on the part of the operator of the vehicle which came in .contact with the property of the plaintiff.

The plaintiff introduced the defendant Smith’s answers to interrogatories and is bound by such answers, there being no evidence in the case tending to contradict them. Warren v. DeCoste, 269 Mass. 415, 419-20; Washburn v. R. F. Owens Co., 258 Mass. 446, 4491 Minihan v. Boston Elev. Rwy. Co., 197 Mass.…