Clark v. Brown
Massachusetts Supreme Judicial Court
Tort against Charles R. Brown and John J. Hayes, for injuries sustained by the plaintiff in falling through an open, unguarded scuttle on the first floor of the defendants’ store.
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Tort against Charles R. Brown and John J. Hayes, for injuries sustained by the plaintiff in falling through an open, unguarded scuttle on the first floor of the defendants’ store. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as follows : The plaintiff’s evidence tended to show that at the time alleged he went to the defendants’ store, where he had been accustomed to buy goods, to purchase some liquors; that upon entering the first floor of the store he met the defendant Hayes, and told him he wanted two barrels of whiskey and two of gin,…
1Opinion of the Court
By the Court.
The evidence of the relations and transactions between the parties was competent, as bearing upon the question whether the previous conduct of the plaintiff had been consistent with his present claim, and thus tending to show that he had no cause of action against the defendants.
Exceptions overruled.
2Cited by2 opinions
- Troeder v. HyamsMassachusetts Supreme Judicial Court · 1891
- Bock v. WallMassachusetts Supreme Judicial Court · 1911