Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 194
Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 194
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Hav- ing died before the action was brought his declarations became admissible, and were put in evidence by the testimony of his brother, and the plaintiff, who is his widow. R. L. o. 175, § 66.
Dickinson v. Boston^ 188 Mass. 595. Upon these declarations and other descriptive evidence of the grade of the street, the speed of the car, and the character of the collision, the jury could find that at the time of the accident the wagon being on the Digitized by VjOOQIC 220 OHAPUT V. HAVEBHILL, OEOBG...ETOWN, &0. B'Y. [194 right hand side of the road was partly on or near the track, with the decedent seated upon the floor, with the reins in his hands, and that apon looking back and neither seeing an approaching car, nor hearing a gong he kept on, when without any warning the car ran into the rear end of his wagon, throwing him into the highway, where he fell receiving severe injaries. It is true that the defendant was deprived of the advantage of cross-examination by which to test the accuracy of his statements, or to obtain ad- missions in support of its theory that he was sitting crosswise back of the seat with the reins hung on the left hand side of the wagon, nevertheless by force of the statute this testimony was competent, and its weight was for the jury, who were not obliged to accept the version of the affair as described by the defendant's witnesses.
What to read after Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 194?
You can find similar books in the "Read Also" column, or choose other free books by Massachusetts. Supreme Judicial Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Hav- ing died before the action was brought his declarations became admissible, and were put in evidence by the testimony of his brother, and the plaintiff, who is his widow. R. L. o. 175, § 66.
Dickinson v. Boston^ 188 Mass. 595. Upon these declarations and other descriptive evidence of the grade of the street, the speed of the car, and the character of the collision, the jury could find that at the time of the accident the wagon being on the Digitized by VjOOQIC 220 OHAPUT V. HAVEBHILL, OEOBG...ETOWN, &0. B'Y. [194 right hand side of the road was partly on or near the track, with the decedent seated upon the floor, with the reins in his hands, and that apon looking back and neither seeing an approaching car, nor hearing a gong he kept on, when without any warning the car ran into the rear end of his wagon, throwing him into the highway, where he fell receiving severe injaries. It is true that the defendant was deprived of the advantage of cross-examination by which to test the accuracy of his statements, or to obtain ad- missions in support of its theory that he was sitting crosswise back of the seat with the reins hung on the left hand side of the wagon, nevertheless by force of the statute this testimony was competent, and its weight was for the jury, who were not obliged to accept the version of the affair as described by the defendant's witnesses.
What to read after Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 194?
You can find similar books in the "Read Also" column, or choose other free books by Massachusetts. Supreme Judicial Court to read onlineMoreLess
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