Massachusetts Supreme Judicial Court, 1907

Hamsy v. Mudarri

Hamsy v. Mudarri
Massachusetts Supreme Judicial Court · Decided May 15, 1907 · Sheldon
195 Mass. 418; 81 N.E. 266; 1907 Mass. LEXIS 1315
Hamsy v. Mudarri

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Sheldon, J.

The evidence offered by the defendant to show the plaintiff’s habits of intoxication was properly excluded. It had no tendency to show that the plaintiff was drunk at the time of the assault. Nor was it competent to contradict the testimony of the plaintiff on cross-examination, or that given by the other witnesses apparently without objection, but whether on direct or cross-examination does not appear. The case is governed by Carr v. West End Street Railway, 163 Mass. 360.

Exceptions overruled.

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