Legal Opinion

Liddle v. Old Lowell National Bank

Massachusetts Supreme Judicial Court

Decided January 5, 1893PublishedCited by 11 opinions

Tort for personal injuries occasioned to the plaintiff on or about November 6,' 1890. At the trial in the Superior Court, before Braley, J., it appeared in evidence that one Elisa Forbes had brought an action for damages against the defendant for injuries alleged to have been received by her through the defendant’s negligence at the same time when, and by the same causes by which, the plaintiff claimed to have been injured.

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Tort for personal injuries occasioned to the plaintiff on or about November 6,' 1890. At the trial in the Superior Court, before Braley, J., it appeared in evidence that one Elisa Forbes had brought an action for damages against the defendant for injuries alleged to have been received by her through the defendant’s negligence at the same time when, and by the same causes by which, the plaintiff claimed to have been injured. The plaintiff called as a witness one Bartlett, a physician, who testified that he attended the plaintiff at various times subsequent to the injuries complained of, and…

1Opinion of the CourtHolmes, J.

The question put to the doctor on cross-ex-animation, and the evidence of the witness Stackpole, were intended to show admissions or statements by the former more or less inconsistent with his testimony, in that they treated the plaintiff’s injury as less serious than he represented it on the stand. For this purpose, the questions were admissible. So far as the answers possibly could have prejudiced the plaintiff, if at all, it was by showing such an inconsistency. An inconsistency need not be expressed in contradictory propositions ; it is enough if the implications of what has been said…

2Cited by11 opinions

  1. City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1940
  2. Commonwealth v. GalloMassachusetts Supreme Judicial Court · 1931
  3. Commonwealth v. WestMassachusetts Supreme Judicial Court · 1942
  4. Langan v. PianowskiMassachusetts Supreme Judicial Court · 1940
  5. Corsick v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914

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