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…
1ConcurrenceLathrop, J.
I am unable to concur in the opinion of the majority of the court.
If it is assumed that the question of the admissibility of the first two letters written by the clerk of the attorney for the plaintiff is open on the exceptions, a point which is not free from doubt, and if it is also assumed that the evidence sought to be introduced is material, a point about which there is also a doubt, as the evidence for the plaintiff tended to show that there *46was ice on all the steps, and the evidence for the defendant tended to show that there was no ice on any of the steps, I do not agree that the…
2Cases cited3 opinions
- Rockwell v. TaylorSupreme Court of Connecticut · 1874
- Pickert v. HairMassachusetts Supreme Judicial Court · 1888
- Cassels v. Usry, Sturgis & Co.Supreme Court of Georgia · 1874