288 Mass. 153 | Mass. | 1934
This is an action of tort to recover for personal injuries and property damage, sustained by the plaintiff as the result of a collision between her automobile, in which she was riding, and an automobile operated by the defendant.
At the time of the collision the plaintiff’s automobile was operated by her son, who testified at the trial. During his cross-examination by counsel for the defendant he was asked: “You had been operating a car under Massachusetts license for about two months before this accident?” The question was excluded subject to the defendant’s exception. Whether the collision between the cars was due to negligence of this witness' or that of the defendant was to be determined by the conduct of the witness. The length of time he had been licensed to run an automobile was clearly incompetent and immaterial. The question was rightly excluded. Lang v. Boston Elevated Railway, 211 Mass. 492. Polmatier v. Newbury, 231 Mass. 307, 309. Reardon v. Boston Elevated Railway, 247 Mass. 124, 127. Hunt v. Boston & Maine Railroad, 250 Mass. 434. Conrad v. Mazman, 287 Mass. 229, 235-236.
The second exception relates to the exclusion of a certain letter offered in evidence by the defendant. One Chase was called as a witness by the defendant and testified that he was a practising attorney, that he had with him a letter received from counsel for the defendant, and that he and his father were counsel for the plaintiff. The letter, which was addressed to the father of the witness, was as follows: “Con
Although other exceptions were saved by the defendant at the trial none is argued except the ones hereinbefore dealt with. The others are treated as waived.
Exceptions overruled.