Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 98

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 98

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...The plaintiff may amend her declaration as herein indicated with-out terms, and when so amended the certificate of decision will be, Exceptions and motion overruled. LAURA T. LOMBARD vs. FLAVEL A. CHAPLIN. Cumberland. Opinion December 16, 1903. E1n'de'nce, Admissions by party's letter. Cross-examination based on it makes entire letter admissible. Waiver. It is a principle well settled that the admissions of a party when given in evidence must be taken together, as well what makes in his favor as against him. Held; that when a part of a cross-examination is confined, either by accident or design, almost wholly to the contents of a letter written by the defendant, in some instances to the exact language and in every other to the substance, upon request or ofi'er by the defendant, the whole letter should be submitted to the jury. In an action for the recovery of damages for injuries received by the plaintifl' through the alleged negligence of the defendant in running and operating his automobile so carelessly as to frighten the horse which the plaintiff was driving, causing him to run away, thereby injuring the plaintiff, it appeared from the development of the evidence in the case that the defendant had written a letter to the husband of the plaintiff. This letter was in the possession of the plaintiffs counsel and used by him in connection with his cross-examination of the defendant. Held; that the exclusion of the whole letter, when offered later by the defendant, is a matter of exception. it Also; that counsel. must be deemed to have put in evidence part of a letter whenever he has, in his examination, so referred to it and its contents that the jury must necessarily come to the conclusion that they are listening to more

Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236802098
  • 9781236802095