Hardiman v. Brown
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, on January 9, 1887, by being struck and run over by a runaway horse with a sleigh attached, driven by the defendant. The plaintiff having died, the action was prosecuted by her administrator. At the trial in the Superior Court, before Maynard, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, the nature of which appears in the opinion.
1Opinion of the CourtField, C. J.
The question put to Dr. Clark called for an opinion upon “ the exciting cause of the illness ” from which the plaintiff suffered from January 9, 1887, till her death on May 18,1892. The nature of the illness was described in the question.* The answer of Dr. Clark was: “ From the result of the *586autopsy, knowing that there was a tumor of the brain, I presume that was the exciting cause of the troubles from which she suffered.” The exceptions recite that, when Dr. Clark was called as a witness, “ the counsel for the defendant, upon being asked by the counsel for the plaintiff if he wanted him to…
2Cases cited2 opinions
- Perkins v. StickneyMassachusetts Supreme Judicial Court · 1882
- Finnegan v. Fall River Gas Works Co.Massachusetts Supreme Judicial Court · 1893
3Cited by16 opinions
- Commonwealth v. BellinoMassachusetts Supreme Judicial Court · 1947
- Boston Gas Co. v. Assessors of BostonMassachusetts Supreme Judicial Court · 1956
- Swanson v. HoodWashington Supreme Court · 1918
- Monahan v. Economy Grocery Stores Corp.Massachusetts Supreme Judicial Court · 1933
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1901
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