328 Mass. 446 | Mass. | 1952
This is an action of tort to recover for personal injuries alleged to have been received while the plaintiff was alighting from a street car on September 4, 1945, at the defendant’s Lechmere station. The jury returned a verdict for the defendant. The plaintiff’s exception is to the admission of a letter dated September 8, 1945, which she wrote and sent to the defendant’s predecessor.
The statute so far as material provides, “In any action to recover damages for personal injuries ... no statement in writing signed by any party to the action, concerning the facts out of which the cause of action arose, given by such party ... to any other party to the action . . . shall be admissible in evidence in, or referred to at, the trial of such action or in any proceeding connected therewith unless a copy of such statement is furnished to the party making the same or to his attorney within ten days after written request therefor . . . .”
The defendant contends that the object of the statute as manifested by its legislative history, its title, and its language was to make inadmissible, unless a copy was furnished on request, only such signed statements as were procured by investigators for the purpose of being used in defence of the claim or action and were secured during or as a result of a personal interview between the injured party and the investigator. The statute, it contends, does not apply to a letter unsolicited by it, although signed by the injured party, and stating facts concerning the accident for which a claim for damages was made.
This legislation in its original form, House No. 1115, in accordance with its title which stated that it related to the furnishing of copies of written statements taken by investigators from persons interviewed in connection with actions
From this brief summary, it is apparent that the statute cannot be confined to written statements received as the result of a personal interview. The recipient of the written statement may now be the party himself against whom damages are claimed or his agent or attorney, or his insurer or its agent or attorney. The statement may be given by the injured party or someone in his behalf to any one of them. We think that a written statement given by an injured person of his own accord is just as much within the statute as -if it were given at the request of the defendant or his insurer or persons representing them. The statute makes no
It is true that the title to St. 1945, c. 424, speaks of written statements obtained from injured persons. As already pointed out, this title first appeared when the bill dealt with statements obtained from such persons and the title was retained unchanged in the subsequent bill although no such phraseology appeared in the subsequent bill which became the law and referred only to written statements given by the injured person. During the course of the legislation the attention of the legislators shifted from the receipt of statements to the giving of statements. A title should change to correspond to a change in the body of a bill. In any event, if there is any distinction between a statement obtained as appearing in the title and a statement given as appearing in the body of the act, then the latter governs. The meaning and scope of a statute cannot be controlled or limited to a field more narrow or restricted than the bounds
The written statement signed by a plaintiff may be in the form of a letter, a filled in accident blank furnished by an insurer of the party who caused the injury, or in any other form, Merrill v. Paige, 229 Mass. 511, Goff v. Hickson, 322 Mass. 655; and, if it states the facts connected with the cause of action, it is a written statement within the terms of the statute.
One of the purposes of the statute is to enable a party before trial to ascertain what he has written to an adversary. The statute “must be interpreted as enacted. . . . The court can only interpret according to the common and approved usages of the language the words used, without enlargement or restriction and without regard to its own conceptions of expediency.” Commonwealth v. S. S. Kresge Co. 267 Mass. 145, 148. Gallagher v. Wheeler, 292 Mass. 547, 556. Commonwealth v. Gardner, 300 Mass. 372, 375. Brennan v. Election Commissioners of Boston, 310 Mass. 784, 789. Tilton v. Haverhill, 311 Mass. 572, 577. There was error in the admission of the letter.
The letter furnished strong support to the defendant’s claim that the plaintiff’s injuries were due to being thrown down by some passengers hurrying for a bus and not by the motion of the car from which she was alighting. In these circumstances, the admission of the letter was prejudicial error.
Exceptions sustained.