Ducharme v. Holyoke Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for the total loss of sight of the plaintiff’s left eye, alleged to have been caused by the collision of a car of the defendant with the plaintiff’s horse and sleigh, whereby the plaintiff’s horse became frightened and ran away, throwing the plaintiff against a pole set in the highway, at about twenty minutes after seven o’clock in the evening of December 28,1906, on Chicopee Street in Chicopee.
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Tort for the total loss of sight of the plaintiff’s left eye, alleged to have been caused by the collision of a car of the defendant with the plaintiff’s horse and sleigh, whereby the plaintiff’s horse became frightened and ran away, throwing the plaintiff against a pole set in the highway, at about twenty minutes after seven o’clock in the evening of December 28,1906, on Chicopee Street in Chicopee. Writ dated February 11, 1907. In the Superior Court the case was tried before King, J. ■The jury took a view of the premises. At the trial it appeared that on the evening in question the…
1Opinion of the CourtSheldon, J.
The collision in which the plaintiff was injured and lost the sight of his left eye occurred on December 28, 1906. The defendant was allowed to introduce evidence that in 1904, in a saloon, the plaintiff had been struck on the left cheek bone and his left eye injured. This evidence was received under his objection. He then asked to have it excluded, and the judge refused to exclude it then, but said that he would strike it out afterwards unless other evidence was put in. It does not appear that other evidence was put in on this matter; but the judge’s attention was not again called to it, and…
2Cases cited25 opinions
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Foley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Hill v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
20 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Commonwealth v. Beneficial Finance CompanyMassachusetts Supreme Judicial Court · 1971
- City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1940
- Everson v. Casualty Co. of AmericaMassachusetts Supreme Judicial Court · 1911
- Whiteacre v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1922
- Hurt v. Monumental Mercury Mining Co.Idaho Supreme Court · 1922
21 more not listed; retrieve them via the Exa API.