Bonino v. Caledonio
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that, on May 12, 1885, the defendant made an assault upon the plaintiff, and, with intent to maim and disfigure the plaintiff, with the defendant’s teeth bit, mutilated, and tore the plaintiff’s nose. Answer, a general denial.
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Tort. The declaration alleged that, on May 12, 1885, the defendant made an assault upon the plaintiff, and, with intent to maim and disfigure the plaintiff, with the defendant’s teeth bit, mutilated, and tore the plaintiff’s nose. Answer, a general denial. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The plaintiff produced evidence tending to 'show that, on May 12, 1885, the day of the alleged assault, the defendant attacked him and bit his nose. The plaintiff called a physician, who testified that the plaintiff, soon after he was…
1Opinion of the CourtW. Allen, J.
1. The testimony of the physician as to the condition of the plaintiff’s nose eight months after the assault was in answer to the request to state the condition of the plaintiff at that time, so far as related to the effect of the injury to the nose. The court could not exclude the testimony without ruling that there was no evidence to connect the condition with the injury.
2. It does not appear that the question put to the physician on the re-direct examination by the plaintiff was answered, nor whether the answer, if one was made, was favorable to the plaintiff or to the defendant.
*3023. The…
2Cases cited3 opinions
- Commonwealth v. McCarthyMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. BradfordMassachusetts Supreme Judicial Court · 1878
- Tyson v. BoothMassachusetts Supreme Judicial Court · 1868
3Cited by8 opinions
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- Goldsmith's Admr. v. JoySupreme Court of Vermont · 1889
- Kramer v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1957
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