Hamsy v. Mudarri
Massachusetts Supreme Judicial Court
Tort for an assault and battery. Writ in the Municipal Court of the City of Boston dated October 10, 1905. There was a trial in the Superior Court before Bond, J. The plaintiff’s evidence tended to establish an unprovoked assault and battery on the plaintiff by the defendant.
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Tort for an assault and battery. Writ in the Municipal Court of the City of Boston dated October 10, 1905. There was a trial in the Superior Court before Bond, J. The plaintiff’s evidence tended to establish an unprovoked assault and battery on the plaintiff by the defendant. On cross-examination he denied that he was under the influence of intoxicating liquor at the time of the assault, and denied that he had been drinking intoxicating liquor that morning, and further testified that he never drank intoxicating liquor in his life. Other witnesses called by the plaintiff testified that they…
1Opinion of the CourtSheldon, J.
The evidence offered by the defendant to show the plaintiff’s habits of intoxication was properly excluded. It had no tendency to show that the plaintiff was drunk at the time of the assault. Nor was it competent to contradict the testimony of the plaintiff on cross-examination, or that given by the other witnesses apparently without objection, but whether on direct or cross-examination does not appear. The case is governed by Carr v. West End Street Railway, 163 Mass. 360.
Exceptions overruled.
2Cases cited1 opinion
- Carr v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
3Cited by4 opinions
- Commonwealth v. AnalettoMassachusetts Supreme Judicial Court · 1950
- Commonwealth v. DaleMassachusetts Supreme Judicial Court · 1928
- Ceresola v. Joseph F. Paul Co.Massachusetts Supreme Judicial Court · 1916
- Crane Co. v. PensionMassachusetts Supreme Judicial Court · 1916