McCarty v. Leary
Massachusetts Supreme Judicial Court
Tort for an assault and battery. At the trial in the Superior Court, before Rockwell, J., the plaintiff testified that the defendant assaulted him, and struck him a severe blow with a slung-shot upon the head. The defendant contended, among other things, that the plaintiff was drunk at the time of the alleged assault, and did not know what took .place, so as to be able to testify in relation to the occurrence.
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Tort for an assault and battery. At the trial in the Superior Court, before Rockwell, J., the plaintiff testified that the defendant assaulted him, and struck him a severe blow with a slung-shot upon the head. The defendant contended, among other things, that the plaintiff was drunk at the time of the alleged assault, and did not know what took .place, so as to be able to testify in relation to the occurrence. He cross-examined the plaintiff in relation thereto, and also asked him if he had not been drunk at other times, and the plaintiff admitted he had once been convicted of drunkenness a…
1Opinion of the CourtWells, J.
It was not competent for the plaintiff to introduce evidence of his own reputation for sobriety, or his character and habits in that respect, for the purpose of proving that he was not drunk at the time he alleged that an assault was made upon him. Heland v. Lowell, 3 Allen, 407, and cases cited.
The inquiries put to him in cross-examination, in regard to his having been intoxicated at other times, being of matters immaterial to the issue, his answers would not have been open to contradiction. If they tended to show that he had been so intoxicated, proof of his general reputation, or of his…
2Cases cited1 opinion
- Underwood v. BrownMassachusetts Supreme Judicial Court · 1871
3Cited by9 opinions
- Edwards v. City of WorcesterMassachusetts Supreme Judicial Court · 1898
- Towle v. Pacific Improvement Co.California Supreme Court · 1893
- Williams v. EdmundsMichigan Supreme Court · 1889
- Commonwealth v. RivetMassachusetts Supreme Judicial Court · 1910
- Carr v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
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