Dolphin v. Plumley
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff while in the employ of the defendants in their sawmill. Trial in the Superior Court, before Dewey, J., who, at the close of the evidence for.the plaintiff, upon the request of the defendants, ruled that the plaintiff was not entitled to recover, and directed the jury to return a verdict for the defendants ; and the plaintiff alleged exceptions. The facts appear in the opinion.
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Tort, for personal injuries received by the plaintiff while in the employ of the defendants in their sawmill. Trial in the Superior Court, before Dewey, J., who, at the close of the evidence for.the plaintiff, upon the request of the defendants, ruled that the plaintiff was not entitled to recover, and directed the jury to return a verdict for the defendants ; and the plaintiff alleged exceptions. The facts appear in the opinion. The case was argued at the bar in September, 1896, and after-wards was submitted on briefs to all the judges.
1Opinion of the CourtLathrop, J.
There is nothing to show upon what' ground the ruling below was given. We have before us what apparently is a stenographic report of the evidence, with much immaterial matter not stricken out, and with much left in that is not intelligible, owing to the manner in which the examination was conducted when a plan was exhibited to a witness and he was asked concerning it. For example, if the witness is asked where he stood at a given time, the answer is, “ Here (show*168ing) ” ; or if he is asked, “ Which way did you go ? ” the witness’s answer is taken down, “ Right across here (showing).” This…
2Cases cited1 opinion
- Haley v. CaseMassachusetts Supreme Judicial Court · 1886
3Cited by4 opinions
- Baltimore & Ohio Railroad v. KeiserIndiana Court of Appeals · 1911
- Dolphin v. PlumleyMassachusetts Supreme Judicial Court · 1900
- Gillette v. General Electric Co.Massachusetts Supreme Judicial Court · 1904
- Burnett v. Worcester Brewing Corp.Massachusetts Supreme Judicial Court · 1914