Hartnett v. McMahan
Massachusetts Supreme Judicial Court
Three actions of tort, each for an assault and battery. At the trial of the cases together in the Superior Court, before Fessenden, J., the jury returned verdicts for McMahan; and the Hartnetts alleged exceptions to the admission of certain evidence, the nature of which appears in the opinion.
1Opinion of the CourtKnowlton, J.
These three cases were tried together, and in two of them each of two persons sought to recover from the other for an alleged assault. In the third, another person sought to recover from one of them for an assault upon her at the same time. McMahan testified that Hartnett struck him when he was down, and that during their altercation many persons gathered about, and that, while Hartnett was on top of his back, one White, a bystander, asked Hartnett to get off and let him alone. Hartnett’s exception to the testimony of what White said presents the only question in the cases.
It is quite clear…
2Cited by13 opinions
- Gray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Commonwealth v. FioreMassachusetts Supreme Judicial Court · 1974
- Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 1978
- Commonwealth v. DurkinMassachusetts Supreme Judicial Court · 1926
- Commonwealth v. SimpsonMassachusetts Supreme Judicial Court · 1938
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