Legal Opinion

Wallace v. Taunton Street Railway Co.

Massachusetts Supreme Judicial Court

Decided October 29, 1875PublishedCited by 10 opinions

Tort for injuries caused by the act of a conductor of the defendant corporation in expelling the plaintiff from one of its cars, in which he was a passenger.

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Tort for injuries caused by the act of a conductor of the defendant corporation in expelling the plaintiff from one of its cars, in which he was a passenger. At the trial in the Superior Court, before Aldrich, J., the plaintiff introduced evidence tending to show that he was wrongfully expelled from the car by the con» ductor; that his knee was wrenched and seriously sprained while being so expelled; that he was thereby made very lame, and for some time was unable to walk, and was confined to his house four months or six months before he was able to walk out doors; and that at that time he…

1Opinion of the Court

By the Court.

The evidence, offered by the plaintiff in reply, which was excluded by the presiding judge, related to the degree of the plaintiff’s injury, and was part of his case, and did not directly contradict any of the testimony introduced by the defendant. It was therefore admissible, at this stage, only in the discretion of the judge, and no exception can be sustained to its exclusion.

The extent to which a witness may be cross-examined to prove bias rests largely in the discretion of the judge presiding at the trial, and the bill of exceptions does not show that such discretion was…

2Cited by10 opinions

  1. Jennings v. RooneyMassachusetts Supreme Judicial Court · 1903
  2. People v. McArronMichigan Supreme Court · 1899
  3. Olson v. ElaMassachusetts Appeals Court · 1979
  4. Richmond v. Hog Creek Oil Co.Court of Appeals of Texas · 1920
  5. Barrett v. MurphyMassachusetts Supreme Judicial Court · 1885

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