Rand v. Syms
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, and for damages to bis horse and conveyance. The declaration alleged that the defendant so negligently drove her horse, attached to a conveyance, that the plaintiff, his horse and conveyance, were crowded off the road and against a bridge, the conveyance thrown over, and the plaintiff thrown out and injured, and his horse and conveyance damaged. The answer was a general denial.
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Tort, for personal injuries occasioned to the plaintiff, and for damages to bis horse and conveyance. The declaration alleged that the defendant so negligently drove her horse, attached to a conveyance, that the plaintiff, his horse and conveyance, were crowded off the road and against a bridge, the conveyance thrown over, and the plaintiff thrown out and injured, and his horse and conveyance damaged. The answer was a general denial. At the trial in the Superior Court, before Richardson, J., there was evidence for the plaintiff tending to show that he drove upon the highway, where the…
1Opinion of the CourtMorton, J.
It was not contended át the trial by the plaintiff’s counsel that the representations of the truss and of the gig were correct. He expressly stated that he did not claim that they were. They were not a part of the evidence in the case. The defendant had no opportunity to cross-examine concerning them or to criticise them; and although the only use which the plaintiff’s counsel proposed to make of them in his argument was to illustrate, in reply to the argument of the defendant’s counsel, the amount of space which the gig would occupy in tipping over, we think that it was competent for the…
2Cases cited7 opinions
- Commonwealth v. PiperMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. PoissonMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. ThompsonMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. BrownellMassachusetts Supreme Judicial Court · 1887
- Farnum v. PitcherMassachusetts Supreme Judicial Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ruffin Coal & Transfer Co. v. RichSupreme Court of Alabama · 1926
- Murphy v. Armstrong Transfer Co.Massachusetts Supreme Judicial Court · 1896
- Tennessee Mill & Feed Co. v. GilesSupreme Court of Alabama · 1924
- Hardy v. RandallSupreme Court of Alabama · 1911
- Overton v. BushAlabama Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.