Buxton v. Somerset Potters' Works
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff while in the defendant’s employ, in attempting to oil a part of the machinery of a steam-engine. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows: It was admitted that the plaintiff, immediately after the accident, stated to Leonard C. Pierce, the superintendent of the defendant, that it was through his own carelessness that he was injured.
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Tort for personal injuries sustained by the plaintiff while in the defendant’s employ, in attempting to oil a part of the machinery of a steam-engine. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows: It was admitted that the plaintiff, immediately after the accident, stated to Leonard C. Pierce, the superintendent of the defendant, that it was through his own carelessness that he was injured. The plaintiff then attempted to prove by Pierce, that, at the time when this admission was made, the said plaintiff was laboring under severe pain…
1Opinion of the CourtAmes, J.
The question addressed to the witness Pierce was put on his cross-examination. He had testified in chief to a declaration on the part of the plaintiff. It was certainly competent upon cross-examination to inquire into the circumstances attending that declaration, and the apparent condition of the party from whom it proceeded. It is easy to suppose a state of things existing which might greatly qualify the effect of such evidence. But upon this point it is perhaps enough to say that, as we do not know what answer was given to the question, we cannot see that any injury was done to the…
2Cases cited5 opinions
- Simmons v. New Bedford, Vineyard & Nantucket Steamboat Co.Massachusetts Supreme Judicial Court · 1867
- Hobart v. County of PlymouthMassachusetts Supreme Judicial Court · 1868
- Tuttle v. City of LawrenceMassachusetts Supreme Judicial Court · 1876
- Inhabitants of Ashland v. Inhabitants of MarlboroughMassachusetts Supreme Judicial Court · 1868
- Kershaw v. WrightMassachusetts Supreme Judicial Court · 1874
3Cited by15 opinions
- Aetna Casualty & Surety Co. v. NiziolekMassachusetts Supreme Judicial Court · 1985
- Kansas Pacific Railway Co. v. PeaveySupreme Court of Kansas · 1883
- Central Railroad v. DeBraySupreme Court of Georgia · 1883
- Bruce v. BeallTennessee Supreme Court · 1897
- Morrissey v. PowellMassachusetts Supreme Judicial Court · 1939
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