Bliss v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries and damages to clothing suffered by the plaintiff through the negligence of the defendant, while the plaintiff was a passenger upon a train of the defendant in Troy, New York. The answer was a general denial, payment and satisfaction, and a release and discharge of all claims for such injuries by the plaintiff to the defendant. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries and damages to clothing suffered by the plaintiff through the negligence of the defendant, while the plaintiff was a passenger upon a train of the defendant in Troy, New York. The answer was a general denial, payment and satisfaction, and a release and discharge of all claims for such injuries by the plaintiff to the defendant. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows. The plaintiff introduced evidence tending to prove that at the time of the accident he was a travelling salesman in the employ of a…
1Opinion of the CourtAllen, J.
1. The objection to the question to Dr. Walton is placed on the ground that the question ought to have been limited to the probable effect of the injury upon the plaintiff, and that the question which was allowed to be put went too far in asking as to its possible effect. As bearing upon the alleged fraud of the defendant’s agent in procuring the release and receipt, it is obvious that the mental condition of the plaintiff was important to be considered. If his mind was clear and strong, he was more likely to understand what he was doing, and less likely to be imposed upon. He had himself…
2Cases cited15 opinions
- O'Donnell v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1888
- Doran v. CohenMassachusetts Supreme Judicial Court · 1888
- Bartlett v. DrakeMassachusetts Supreme Judicial Court · 1868
- Mullen v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1879
- Trambly v. RicardMassachusetts Supreme Judicial Court · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
- O'Meara v. HaidenCalifornia Supreme Court · 1928
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Rocci v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1916
- Quebe v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1904
66 more not listed; retrieve them via the Exa API.