328 Mass. 116 | Mass. | 1951
In this action for assault and battery, the judge found for the plaintiff. The answer alleges that the defendant acted in self defence. The only exception relates to the admission of an answer to one question asked in cross-examination of the defendant. The meager bill of exceptions contains certain questions and answers in the defendant’s cross-examination and no other evidence.
The entire course of the cross-examination, so far as contained in the record, was as follows: The defendant, when asked if he had a full sized hand, answered, “196 pounds,” and denied that it would make two of the plaintiff’s counsel’s hand. He was asked, “You have been a. boxer, haven’t you, professionally?” and, subject to his exception, answered, “Professional.” He testified that this was in Boston, and that he was not “pretty well acquainted with boxing.”' The next question, “And if you resent anything that is said to you you know what to do with your hands? ” was answered, “I wouldn’t try to that way.” He further testified that he did not know what one would call a professional boxer; that he had lost a bout; that he had had two bouts with a man and lost both of them; that he was not very successful as a boxer; that he did get into the game, but did not know all the rudiments; that he did not know all the things that went to make up a professional boxer; that he did not know “all the fancy punches and the names they are called”; that he probably would be a professional boxer if he did; and that he did not know as much as plaintiff’s counsel thought.
The defendant relies upon Brennan v. Bongiorno, 304 Mass. 476, 477, where it was held that it was prejudicial error in a jury trial of an action for assault to allow the plaintiff to introduce, through a witness called by him, testimony as to the reputation as a fighter in the prize ring of the defendant’s employee who was charged with committing the assault. The defendant also relies upon the general
Exceptions overruled.