223 Mass. 354 | Mass. | 1916
The plaintiff was injured while in an automobile of the R. & L. Company, which collided with an automobile of the defendant. She brought suit against both the defendant and the R. & L. Company. The cases were tried together and a verdict of $15,505 was recovered against each. On the defendant’s motion to set aside the verdict, the judge
1. Dr. Davison, a witness for the defendant Armstrong, on
2. A witness for the plaintiff testified that she was in a position to hear the horn of either automobile, if blown. To this the defendant excepted and later the judge ordered the testimony stricken out. Even if this evidence were inadmissible, a question which we are not called upon to decide, (see Slattery v. New York, New Haven, & Hartford Railroad, 203 Mass. 453; Davis v. New York, New Haven, & Hartford Railroad, 159 Mass. 532,) this exception must be overruled, because the judge ordered the evidence to be stricken from the case.
3. A witness was permitted to read from a paper purporting to be a copy of a statement made by the driver of the R. & L. Company’s automobile. It was offered by the R. & L. Company as evidence against the plaintiff. The cases against the R. & L. Company and this defendant were tried together, and each defendant had the right to present all the material evidence bearing on the issue, even if prejudicial to the other. The judge more than
The remaining exceptions are not argued on the defendant’s brief, and we consider them waived.
Exceptions overruled.
King, J.