Legal Opinion

Wingate v. Emery Air Freight Corp.

Massachusetts Supreme Judicial Court

Decided March 2, 1982PublishedCited by 72 opinions

1Opinion of the CourtHennessey, C.J.

This appeal concerns the circumstances under which an employer’s report of injury, containing an account of an accident that resulted in injury to an employee, may be introduced in evidence, despite its hearsay nature, in a tort case brought by the plaintiff employee against a third party. We agree with the Appeals Court’s conclusion that the admission of the report in this case was prejudicial error, and reverse the judgment in favor of the defendant Emery *403Air Freight Corp. (Emery) entered in the Superior Court. 11 Mass. App. Ct. 982 (1981). In so doing, we define certain limits in the…

2Cases cited10 opinions

  1. Bouchie v. MurrayMassachusetts Supreme Judicial Court · 1978
  2. Commonwealth v. DeBroskyMassachusetts Supreme Judicial Court · 1973
  3. Kelly v. O'NEILMassachusetts Appeals Court · 1973
  4. Fagan v. City of NewarkNew Jersey Superior Court Appellate Division · 1963
  5. United States v. Cossie Burruss, Jr.Court of Appeals for the Fourth Circuit · 1969

5 more not listed; retrieve them via the Exa API.

3Cited by72 opinions

  1. Irwin v. Town of WareMassachusetts Supreme Judicial Court · 1984
  2. DiMarzo v. American Mutual InsuranceMassachusetts Supreme Judicial Court · 1983
  3. Tosti v. AyikMassachusetts Supreme Judicial Court · 1985
  4. Salvas v. Wal-Mart Stores, Inc.Massachusetts Supreme Judicial Court · 2008
  5. Commonwealth v. TrappMassachusetts Supreme Judicial Court · 1985

67 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API