Strong v. Connell

Decided September 16, 1874

Massachusetts Supreme Judicial Court · decided 1874-09-16

Tort for the conversion of a horse. At the trial in the Superior Court, before Wilkinson, J., the plaintiff offered evidence that he sent the defendant with the plaintiff’s horses to draw certain logs on level ground, and told the defendant not to take the horses upon a hill, and that the plaintiff had engaged oxen with which to draw the logs on the hill down to level ground; that the defendant took the horses upon the hill to drag a log lying there, about sixty feet, to a…

Cited by 3 later decisions — most recently February 1896

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1874-09-16

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By the Court.

¶1If the testimony of the plaintiff as to the conversation between him and the defendant was material, it was as tending to show an admission by the defendant that he was in *577the wrong, and might have been introduced by the plaintiff in putting in his case. It was therefore within the discretion of the presiding judge to exclude it when offered in rebuttal of the defendant’s evidence.

¶2The subject of the instructions requested was rightly submitted to the jury together with the other circumstances of the case.

¶3Exceptions overruled.