Inhabitants of Ashland v. Inhabitants of Marlborough
Massachusetts Supreme Judicial Court
Contract for expenses of supporting William H. Maynard and his family. At the trial in the superior court, before Brigham, J., it was admitted that Maynard had a settlement in Marlborough formerly ; and the question was, whether the St. of 1865, c. 230, § 1, transferred it to Ashland.
Read the full summary
Contract for expenses of supporting William H. Maynard and his family. At the trial in the superior court, before Brigham, J., it was admitted that Maynard had a settlement in Marlborough formerly ; and the question was, whether the St. of 1865, c. 230, § 1, transferred it to Ashland. On this question the facts were so agreed that the only issue for the jury was, whether Maynard, who was mustered into the military service in July 1861, on the quota of Ashland, and was discharged in January 1862 on account of chronic inflammation of the kidneys, and died in July 1865, did or did not become…
1Opinion of the CourtChapman, J.
The question in issue between the parties was, whether Maynard, who enlisted into the service of the United States on the 2d of July 1861, became disabled by disease con*48tracted in the service, or whether he had the disease before he enliste!. One species of the evidence which was offered to prove that he was diseased before he enlisted was his own language. The principle which applies to such evidence is stated in Bacon v. Charlton, 7 Cush. 586. Evidence of the usual and natural expression of present feelings or emotions is admissible, though it consist wholly or partly of words. But such…
2Cases cited1 opinion
- Chase v. WoodburyMassachusetts Supreme Judicial Court · 1850
3Cited by14 opinions
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
- Critzer Et Ux. v. DonovanSupreme Court of Pennsylvania · 1927
- Parker v. Boston & Hingham Steamboat Co.Massachusetts Supreme Judicial Court · 1872
- Johnson v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
- Buxton v. Somerset Potters' WorksMassachusetts Supreme Judicial Court · 1877
9 more not listed; retrieve them via the Exa API.