Hill v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while alighting from, a street car of the defendant. At the trial in the Superior Court, before Hopkins, J., the plaintiff testified that she was sitting on the end of a seat in one of the defendant’s open street cars on the right hand side facing the horses; that, as she approached her destination, she arose, motioned to the conductor to stop the car, and then sat down again; that after the car had come to a full stop…
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Tort, for personal injuries occasioned to the plaintiff while alighting from, a street car of the defendant. At the trial in the Superior Court, before Hopkins, J., the plaintiff testified that she was sitting on the end of a seat in one of the defendant’s open street cars on the right hand side facing the horses; that, as she approached her destination, she arose, motioned to the conductor to stop the car, and then sat down again; that after the car had come to a full stop she stepped on the running board, and then put her right foot to the ground ; that just as her right foot touched the…
1Opinion of the CourtBarker, J.
There is no sound reason why the familiar doctrine that a party may contradict, though not impeach, his own witness, should not, if the circumstances are consistent with honesty and good faith, be applied when he is himself the witness. Nor, under the same circumstances, is there any reason why, to prove material facts denied by his own testimony, he may not rely on the testimony of witnesses called by the adverse party. In such a case counsel may properly argue that the jury should find in accordance with part of his client’s testimony, and in other particulars should reject it and find in…
2Cases cited1 opinion
- Commonwealth v. BillingsMassachusetts Supreme Judicial Court · 1867
3Cited by53 opinions
- Commonwealth v. McInerneyMassachusetts Supreme Judicial Court · 1977
- Harlow v. LeclairSupreme Court of New Hampshire · 1927
- Kanopka v. KanopkaSupreme Court of Connecticut · 1931
- Whiteacre v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1922
- Alamo v. Del RosarioCourt of Appeals for the D.C. Circuit · 1938
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