Massachusetts Supreme Judicial Court, 1891

Scott v. Donovan

Scott v. Donovan
Massachusetts Supreme Judicial Court · Decided February 27, 1891 · Holmes
153 Mass. 378; 26 N.E. 871; 1891 Mass. LEXIS 290

Counsel

E. C. Bumpus, for the respondent., E. A. Phelps, for the plaintiff.

Scott v. Donovan

Cases that cite this one

14 later published cases cite this decision.

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Opinion of the Court

Holmes, J.

The instruction to the jury as to the period covered by the time of the complainant’s travail was a correct interpretation of the Pub. Sts. c. 85, § 16. The language of the section has not been construed very strictly. Tacey v. Noyes, 143 Mass. 449. See Long v. Dow, 17 N. H. 470; Rodimon v. Reding, 18 N. H. 431.

It has been decided in this Commonwealth that the child may be exhibited to the jury. We see no sufficient reason for reconsidering the decision, or for taking a distinction according to age. The youth of the child goes rather to the weight of the evidence. Finnegan v. Dugan, 14 Allen, 197. Gaunt v. State, 21 Vroom, 490, 493.

Exceptions overruled.

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