Loomis v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff in consequence of a fall upon some steps in the railroad station of the defendant at Hartford, Connecticut, by reason of ice upon the steps. At the trial in the Superior Court, before Hopkins, J., it appeared that there had been a trial of the case at a former sitting of the court in July, 1891, and that a new trial was granted.
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Tort, for personal injuries occasioned to the plaintiff in consequence of a fall upon some steps in the railroad station of the defendant at Hartford, Connecticut, by reason of ice upon the steps. At the trial in the Superior Court, before Hopkins, J., it appeared that there had been a trial of the case at a former sitting of the court in July, 1891, and that a new trial was granted. It appeared in evidence that the plaintiff went from Springfield to Hartford on one of the defendant’s trains, arriving at about twenty minutes past twelve in the afternoon of January 1, 1891; that she passed…
1Opinion of the CourtKnowlton, J.
The evidence that after the former verdict the witnesses Watkins and Potter signed affidavits of their knowledge of facts upon which the motion for a new trial was founded, to the same effect as their testimony given at the last trial, was rightly excluded. The defendant could not add force to' their testimony by showing that they had made the same statements a long time before. If there had been evidence from which the plaintiff could properly have argued that their testimony was manufactured just before the trial, a different question would be presented. But there was nothing on which to…
2Cases cited4 opinions
- Gott v. DinsmoreMassachusetts Supreme Judicial Court · 1872
- Murchie v. CornellMassachusetts Supreme Judicial Court · 1891
- McAvoy v. WrightMassachusetts Supreme Judicial Court · 1884
- Pickert v. HairMassachusetts Supreme Judicial Court · 1888
3Cited by21 opinions
- Sweazey v. Valley Transport, Inc.Washington Supreme Court · 1940
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- Brown v. HebbCourt of Appeals of Maryland · 1934
- Johnson v. Von ScholleyMassachusetts Supreme Judicial Court · 1914
- Wenner v. Gulf Oil Corp.Supreme Court of Minnesota · 1978
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