Massachusetts Supreme Judicial Court, 1875

Blair v. Inhabitants of Pelham

Massachusetts Supreme Judicial Court · Decided September 22, 1875 · Gray

118 Mass. 420; 1875 Mass. LEXIS 390

Cases that cite this one

53 later published cases cite this decision. The 25 that cite it most often are listed here.

De Forge v. New York, New Haven, & Hartford Railroad (Mass. 1901)
Poirier v. Town of Plymouth (Mass. 1978)
McKarren v. Boston & Northern Street Railway Co. (Mass. 1907)
Commonwealth v. Morgan (Mass. 1893)
Teller v. Schepens (Mass. App. Ct. 1988)
Henderson v. D'ANNOLFO DODGE ELECTRICAL CONTR (Mass. App. Ct. 1983)
Commonwealth v. Bys (Mass. 1976)
Snow v. Massachusetts Turnpike Authority (Mass. 1959)
Commonwealth v. Lee (Mass. 1949)
Howe v. City of Boston (Mass. 1942)
Commonwealth v. Giacomazza (Mass. 1942)
Robitaille v. Netoco Community Theatre of North Attleboro, Inc. (Mass. 1940)
Livingston v. State (Fla. 1939)
Boyarsky v. G. A. Zimmerman Corp. (Appellate Division of the Supreme Court of New York 1934)
Mostyn v. United States (D.C. Cir. 1933)
State v. Jordan (Me. 1927)
McGrath v. Fash (Mass. 1923)
Caddo Central Oil & Refining Corp. v. Boat-Right & Cheesman (Ark. 1923)
Rodick v. Maine Central Railroad (Me. 1912)
Everson v. Casualty Co. of America (Mass. 1911)
Keller v. Harrison (Iowa 1910)
Sellers v. State (Ark. 1909)
Gibson v. State (Tex. Crim. App. 1908)
Commonwealth v. Tucker (Mass. 1905)
Commonwealth v. Fielding (Mass. 1904)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gray, C. J.

1. A plan or picture, whether made by the hand of man or by photography, is admissible in evidence, if verified by proof that it is a true representation of the subject, to assist the jury in understanding the case. Marcy v. Barnes, 16 Gray, 161. Hollenbeck v. Rowley, 8 Allen, 473. Cozzens v. Higgins, 1 Abbott N. Y. 451. Ruloff v. People, 45 N. Y. 213. Udderzook v. Commonwealth, 76 Penn. St. 340. Church v. Milwaukee, 31 Wisc. 512. Whether it is sufficiently verified is a preliminary question of fact, to be decided by the judge presiding at the trial, and not open to exception. Commonwealth v. Coe, 115 Mass. 481, 505. Walker v. Curtis, 116 Mass. 98.

*4222. The evidence of what happened at the same place the year before was rightly rejected; because it tended to raise a collateral issue; and because, it being admitted that the highway had been in the same condition for twenty-four hours before the injury now sued for, the previous length of time for which it had existed was immaterial. Aldrich v. Pelham, 1 Gray, 510. Payne v. Lowell, 10 Allen, 147. Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.