Dempsey v. Goldstein Bros. Amusement Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on September 28, 1916, when the plaintiff was attending a theatrical performance in the defendant’s theatre at Westfield and, in walking along am aisle of the theatre, fell over a portable chair that had been left in the aisle negligently by the defendant’s servants.
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Tort for personal injuries sustained on September 28, 1916, when the plaintiff was attending a theatrical performance in the defendant’s theatre at Westfield and, in walking along am aisle of the theatre, fell over a portable chair that had been left in the aisle negligently by the defendant’s servants. Writ dated December 29, 1916. In the Superior Court the case was tried before Callahan, J. Among the defendant’s witnesses was Dr. Frederick D. Davis, who testified in regard to the plaintiff’s injury as described in the opinion. On his cross-examination, the first question asked by the…
1Opinion of the CourtBraley, J.
A medical expert called by the defendant who had made a physical examination of the plaintiff at the hospital having testified that she had not suffered any permanent injury, the question put in cross-examination, “Who asked you, doctor, to examine this woman? ” was relevant, and the answer, “Mr. Chetworth, representing the Casualty Company of America, the manager,” was responsive. But before the question was asked, the counsel for the plaintiff, during a conference by .the parties with the presiding judge, had been informed that the defendant *464held a policy of indemnity insurance, and, upon…
2Cases cited9 opinions
- Jennings v. RooneyMassachusetts Supreme Judicial Court · 1903
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- Stevens v. Stewart-Warner Speedometer Corp.Massachusetts Supreme Judicial Court · 1916
- Perkins v. RiceMassachusetts Supreme Judicial Court · 1904
- Ducharme v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1909
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3Cited by31 opinions
- Michnik-Zilberman v. Gordon's Liquor, Inc.Massachusetts Supreme Judicial Court · 1983
- Goldstein v. GontarzMassachusetts Supreme Judicial Court · 1974
- Ager v. Baltimore Transit Co.Court of Appeals of Maryland · 1957
- State Highway Commission v. Superbilt Manufacturing Co.Oregon Supreme Court · 1955
- Squires v. FraskaMassachusetts Supreme Judicial Court · 1938
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