Lansky v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff through the alleged negligence of the defendant. At the trial in the Superior Court, before Hopkins, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries. At the trial, the plaintiff’s evidence was that she was run over at a particular crossing, and necessarily the rest of the evidence was more or less inwoven with that as to the place. The defendant then put in evidence that the accident happened at a different place. The plaintiff offered in rebuttal evidence corroborative of her statement, which was rejected, and the plaintiff excepted. It is argued that the evidence for the defendant made a fresh case, which the plaintiff was entitled to meet. But the evidence as to a different place was no more a…
2Cases cited4 opinions
- Phipps v. MahonMassachusetts Supreme Judicial Court · 1886
- Starratt v. MullenMassachusetts Supreme Judicial Court · 1889
- Eames v. WhittakerMassachusetts Supreme Judicial Court · 1877
- Howes v. ColburnMassachusetts Supreme Judicial Court · 1896
3Cited by5 opinions
- Burnside v. City of EverettMassachusetts Supreme Judicial Court · 1904
- Soebel v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Briggs v. AdamsMassachusetts Supreme Judicial Court · 1915
- McDonough v. McGovernMassachusetts Supreme Judicial Court · 1922
- Sweeney v. Cumberland County Power & Light Co.Supreme Judicial Court of Maine · 1916