Hathaway v. Tinkham
Massachusetts Supreme Judicial Court
Tort, under the Pub. Sts. c. 102, § 93, to recover for personal injuries occasioned to the plaintiff by a dog owned by the defendant. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, which, so far as material, is as follows.
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Tort, under the Pub. Sts. c. 102, § 93, to recover for personal injuries occasioned to the plaintiff by a dog owned by the defendant. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, which, so far as material, is as follows. The evidence tended to show that, on a Saturday afternoon, while the plaintiff, a boy about six years of age, was on the sidewalk of the street in front of the defendant’s residence, the dog came out of the yard, and ran growling up to the plaintiff, and jumped upon him and threw him to the ground; and that the injuries consisted of cuts…
1Opinion of the CourtC. Allen, J.
1. When the defendant was asked what the plaintiff’s mother said about the wound, the question was objected to and excluded, the judge saying, “ I do not see how that is competent, what she said about it; she is not a party to this case.” This disclosed the ground on which the evidence was excluded, namely, that it was a declaration by a third person in regard to the wound. It is, however, now sought to establish its competency on other grounds: 1st, that it was in the presence of the plaintiff; 2dly, that it would tend to contradict or control the mother’s testimony; and 3dly, that it was a…
2Cases cited9 opinions
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
- Brown v. LeachMassachusetts Supreme Judicial Court · 1871
- Stone v. SargentMassachusetts Supreme Judicial Court · 1880
- Warren v. Spencer Water Co.Massachusetts Supreme Judicial Court · 1887
- New Haven & Northampton Co. v. CampbellMassachusetts Supreme Judicial Court · 1880
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3Cited by23 opinions
- Shinners v. Proprietors of Locks & Canals on Merrimack RiverMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. Min SingMassachusetts Supreme Judicial Court · 1909
- Goodwin v. E. B. Nelson Grocery Co.Massachusetts Supreme Judicial Court · 1921
- Keffer v. StateWyoming Supreme Court · 1903
- Rothwell v. First National BankMassachusetts Supreme Judicial Court · 1934
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