Roosa v. Boston Loan Co.
Massachusetts Supreme Judicial Court
Tort for assault and battery. At the trial in the Superior Court, before Brigham, C. J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtEndicott, J.
When the bodily or mental feelings of a party are to be proved, his exclamations or expressions indicating present pain or malady are competent evidence; and in Bacon v. Charlton, 7 Cush. 581, 586, where this rule is stated, it was said by the court: “ Such evidence, however, is not to be extended beyond the necessity on which the rule is founded. Anything in the nature of narration or statement is to be carefully excluded, and the testimony is to be confined strictly to such complaints, exclamations and expressions as usually and naturally accompany, and furnish evidence of, a present…
2Cases cited4 opinions
- State v. DavidsonSupreme Court of Vermont · 1858
- Chase v. WoodburyMassachusetts Supreme Judicial Court · 1850
- Fay v. HarlanMassachusetts Supreme Judicial Court · 1880
- Morrissey v. InghamMassachusetts Supreme Judicial Court · 1872
3Cited by53 opinions
- Shepard v. United StatesSupreme Court of the United States · 1933
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
48 more not listed; retrieve them via the Exa API.